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  1. #1
    Join Date
    Feb 2012
    Posts
    107

    Default Witness List Not Disclosed

    My question involves a child custody case from the State of: Arizona

    We have our final trial set for the 13th, one week from today. My husbands ex obtained a lawyer in Febuary and we still haven't received a witness list or a final list exhibits even though the due date has passed. Will they be able to bring witnesses in without the list being submitted or being given to us so late?

    I have researched this and found several different answers.

    Nevermind I found Rule 2, it prevents ambushing in courts but apparently judges can use it as they please.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Witness List Not Disclosed

    If your lawyer deems it appropriate, your lawyer can seek to exclude any undisclosed witness they attempt to have testify. It's sometimes the case, though, that there is tremendous or even total overlap between the parties' witness lists. Also, as you note, judges have discretion when it comes to fashioning sanctions or excusing untimely action.

  3. #3
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Witness List Not Disclosed

    Quote Quoting Mr. Knowitall
    View Post
    If your lawyer deems it appropriate, your lawyer can seek to exclude any undisclosed witness they attempt to have testify. It's sometimes the case, though, that there is tremendous or even total overlap between the parties' witness lists. Also, as you note, judges have discretion when it comes to fashioning sanctions or excusing untimely action.
    Thank you. Our lawyer was confused when they didn't submit one as her lawyer had said they would. There is very little over lap, 2 people ( my husband and myself) in the list, we live in different areas and do not know the same people.

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