Flying Solo: Going to Court Without a Witness

Posted By Cliff Tuttle | June 20, 2016

No. 1,262

Summary:  When your client cannot travel,  you may have to consider calling the other party as a witness to prove your case.

If your client lives half-way across the country and cannot come to trial, you may be forced to consider obtaining the testimony you need from the other party.

In such a situation, you must have very limited objectives.  And there is always risk. Even identifying the opposing party’s own signature on a lease or contract may be risky.  If he says that he doesn’t recognize the signature, the case may be over.

On the other hand, it may be possible to examine such a cagey witness “as of cross” by use of  email exchanged between the parties.  Your client asks for payment and the adverse party makes a promise. The more detailed the discussion, the more difficult it is for the witness to disavow with credibility.

Have reasonable objectives and don’t try to hit a home run.

CLT

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

Subscribe to our feed