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Trial in the morning 2 questions

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  • Trial in the morning 2 questions

    My trial against my ex for contempt of court is happening in the morning.

    two questions.

    my main witness has just informed me that he is already in taking witness statements in the morning and not available until the afternoon. I only have my opening statement, my own witness testimony, my wife's testimony and my main witness. Is there away to ask the courts to hold off on him testifying until the afternoon when my case should be finished in the morning and the afternoon is for her case?

    Also Since I go first, if she doesn't take the stand herself can I ask for her to be brought to the stand even if I have already finished my side? Can I request to question her when it is still my time if I didn't send a summons to witness since she will be there anyway?

  • #2
    Trial in the morning 2 questions

    From what I know and understand. Your witness will have to make himself available no matter what. That is why ur summons must have included a date and it is expected from the witness to be available for that day. Now, I might be wrong so hopefully others can guide you. Goodluck!

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    • #3
      its not like this was a last minute thing. Your witness knew the date and time of the trial. Cant see the judge be happy with it. If I was the other side I would ask for your witnesses' statement to be thrown out due to him not being there for cross-examination. Get your witness to show up on time, explain that its important to your case.

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      • #4
        My witness was actually the former lawyer of my ex. He is in a conflict as he is doing witness statements in another trial. He is telling me that he can not be present until the afternoon.

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        • #5
          I guess u can ask the trial judge before the beginning of your case that there is a preliminary problem and I am assuming that if your witness is a lawyer then he probably knows that the judge will grant it. What did the lawyer say to u? I mean he is ur witness and knows that he is being summoned. He will be the best person to tell u what to do. From what I know , I don't think the judge would care about his commitments... It's seen as an insult that the witness didn't care to show up. That's my opinion only. I wish you the best. Keep us posted

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          • #6
            former lawyer of your ex?? Isnt there still some sort of client/lawyer privacy thing even though its her former lawyer??

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            • #7
              The justice will accommodate hearing witnesses out of sequence OP. Just make a request for the witness to be called out of sequence.

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