Legal Question in Civil Litigation in California
If you are subpoenad as a witness in a civil trial by the prosecution and they do not call you, can the defense call you if they did not subpoena you as well?
Asked on 2/01/12, 3:29 pm
2 Answers from Attorneys
Anyone can be called as a witness who shows up in court. There may be local rule limitations on it, however, if you were not on the defendant's witness list. In most courts, however, the defense can call anyone on the plaintiff's list, although if the plaintiff releases you from the subpoena you don't have to show. So I always issue my own subpoena for witnesses I want to call, rather than risk the plaintiff calling up the witness and withdrawing the subpoena on the eve of trial.
Answered on 2/01/12, 4:55 pm
Anthony Roach
Law Office of Anthony A. Roach
If you're present in court, you can be called to testify.
Answered on 2/03/12, 9:20 am