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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.