If I’m the plaintiff and I testified already, can the defense call me as one of there witnesses?

Asked on March 10, 2012 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the defense may--

1) cross examine you; and/or

2) call you as a defense witness.

If you are called, you will have to testify. If you are too obviously hostile or resistant, the defense can ask the court to order you to cooperate; or for a factual inference against you and in their favor. It is very unusual for the defense to call the plaintiff as a witness, but it is legal.

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