Legal Question in Family Law in Maine

Do I have the right not to take the stand??

I am the plaintiff/pro se. If I don't take the stand to testify on behalf, I believe I can make my case by questioning the defendant, can I decline to testify when called by the defendant's attorney. I have not been subpoenaed but was listed during pre trial as witness. I am receiving temporary support/ primary residence as a result of order in case management hearing


Asked on 8/29/01, 9:09 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Do I have the right not to take the stand??

Yes, you can put your case on through the defendant.

If the defendant calls you to the stand, you will be ordered to the stand.

You must testify unless you can prove exceptional circumstances which I doubt that you have.

Defense counsel will be allowed to cross-examine you if he/she shows you are hostile and not merely an adversary witness.

You will be ripped apart.

So you will be much better off to take the stand while you are putting on your case. You will be able to say not only the good but also the bad from your perspective. Always bring out and explain from YOUR perspective

what you dread most.

Not taking the stand will be a very, very foolish move.

Good luck,

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Answered on 9/17/01, 5:35 pm


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