Legal Question in Family Law in Alaska
Today I had a custody/child support modification as well as permission to move out of state. Because I submitted the original motion I started in the hearing. I called up two witnesses as well as have my testimony and wa examined by the other party. We are going back on Thursday, and I am wondering... Am I allowed to recall witnesses?
1 Answer from Attorneys
This would be up to the judge.
The other party might object, but, when the judge asks the basis for the objection, I don't know if there is one.
One objection possibly would be that you are in effect callling this witness out-of-order. You finished with the direct examination of the witness and thus cannot re-direct examine the same witness. It's a "wasting time" sort of argument, in effect. So it will depend on large part upon how much time the court has to try this matter. You should argue that the other party has not been prejudiced in any way by calling the same witness twice.
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