Results 1 to 10 of 10
  1. #1
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Lawyer Misplaced Witness List

    I provided my attorney with a witness list including the addresses and one name with no address but he said his investigator would trace the witness. This was 1.5 years ago. Court date is approaching and the assistant calls needing the list. I explained that I don't have it, it was provided with all other documents. They cannot find it. I don't live anywhere near the town where this suit is filed and will only be there a day before the case is called.

    This has already been put off many times and international travel is very expensive. I cannot deal with the judge or either attorney putting it off any longer. Case is in court next week.

    What if the case is lost because of the witness list and other documents lost?? What do I do??

    The case is in GA, civil matter in state court. I am plaintiff.
    You get more with a kind word and a gun than a kind word alone

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: A Little Concerned

    1. NEVER give a lawyer or anyone your only copy of anything.

    2. Do you have a copy of the scheduling order? If no, stupid boy.

    3. Witnesses being called for a trial should have already, during the discovery period set by the scheduling order, be called to depositions. The attorney should have all the info. At minimum he should have done written interrogatories and these documents should have info on the witnesses. Or both. If there are depositions I bet he or you were too cheap to get them produced from the transcriptions.

    4. Do you mean to tell me he is calling witnesses without even deposing them during discovery?

    If 4 is the case, you have one pathetic incompetent attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawyer Misplaced Witness List

    The court did not require witness lists to be filed until a week before trial? The other side never did any discovery in relation to who your prospective witnesses are or the subject matter of their anticipated testimony? Both of those things, to me, would be quite odd.

    Does your lawyer admit that you provided the list 18 months ago, or is he questioning ("Are you sure you sent it?") or denying ("I never got it") receipt? Other than the one witness, is there any reason you can't quickly and easily recreate the list?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lawyer Misplaced Witness List

    Quote Quoting Mr. Knowitall
    View Post
    Other than the one witness, is there any reason you can't quickly and easily recreate the list?

    would it really make any difference?

    If they need to be subpoenaed, it's too late now. As well, if the opposition has not been provided with the list, I would presume they are not going to be allowed to testify either.

    I would think, if the witnesses are critical to the case, regardless of anything else, a delay would be in order or you might as well concede to the other party.

  5. #5
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Lawyer Misplaced Witness List

    Quote Quoting Mr. Knowitall
    View Post
    The court did not require witness lists to be filed until a week before trial? I do not knowThe other side never did any discovery in relation to who your prospective witnesses are or the subject matter of their anticipated testimony? Again, I do not knowBoth of those things, to me, would be quite odd.

    Does your lawyer admit that you provided the list 18 months ago, or is he questioning ("Are you sure you sent it?") or denying ("I never got it") receipt? He acknowledges I gave him the witness list but he moved his office and now cannot find it. Secetary just says "we'll figure something out"Other than the one witness, is there any reason you can't quickly and easily recreate the list?
    The names and addresses I do not have with me here. When I went back the first time, I had to get the info again and the last time, I did it again just to make sure it was updated. Since then, some folks have moved and though they are still in town, I don't know the addresses. This is going to be the fourth attempt to have this trial and I cannot afford to keep traveling back and forth for postponements. I was only told of the list being lost last week, court is next week on Monday and I get into town on Friday.

    Quote Quoting jk
    View Post
    would it really make any difference?

    If they need to be subpoenaed, it's too late now. As well, if the opposition has not been provided with the list, I would presume they are not going to be allowed to testify either. I was never told if the list was supplied to the opposition so I could not make a positive statement on that.

    I would think, if the witnesses are critical to the case, regardless of anything else, a delay would be in order Its taken 4 years to get this in courtor you might as well concede to the other party.
    And, if I had to concede to the other party, I have lost many thousands of dollars. What then??

    I have lost any and all faith in the system due to being ripped off by attornies or paying them and they not do anything until the last minute when it is too late and I am the one losing. The judge has waited until I had flown into town and knowing where I flew from and the costs involved, announced that he is not going to hear the case and a new notice will be sent out with a new date. And he has done this 3 time times now, but promised again that it will be heard this time for sure. I called him week before last and he swore this time it was going to be heard and no postponments will be permitted. Time will tell.

    So, if the list is lost and I cannot find everyone in time, what do I do from there?
    You get more with a kind word and a gun than a kind word alone

  6. #6
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Lawyer Misplaced Witness List

    I am flying down tomorrow and meeting with attorney on Friday. Case is heard on Monday. We'll see what happens..........
    You get more with a kind word and a gun than a kind word alone

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Lawyer Misplaced Witness List

    You never responded to the main points I and other responders have raised.

    What happend with discovery? Did not the other side depose your witnesses months ago? Didn't your attorney depose the witnesses? Didn't somebody at least do written interrogatories? Did your attorney get written statements?Are the so-called witnesses so irrelevant that none of this matters?

    Even with depositions and such, they still have to appear to testify, but you and the attorney would know who they are and how to contact them. No attorney in his right mind is going to start asking about witnesses a week before trial. Total incompetence.

    You answer none of that. It does not seem you paid much attention to your case. It seems the client and the attorney are both fools. Lots of luck.

  8. #8
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Lawyer Misplaced Witness List

    OK, this went very badly, very quickly.

    We had one witness show up and another one was in jail {convicted felon- child neglect, solictation of minor for prostitution for drugs among other things}.

    I was called first and gave my statements and showed evidence. Next was the nonconvicted witness and he lied on 14 points and the evidence showed this.

    The convicted witness lied every time she opened her mouth, not agreeing with me or the other witness.

    Defendant's attorney made motions to dismiss and my attorney had not one prepared paper to charge the defendant with. He was trying to charge the defendant on seven things but because he had nothing prepared, the case was dismissed.

    The defence told the judge that the tape recordings were 3rd party recordings and inadmissible and we tried to explain that I taped them conversations and was a part in each one but he wouldn't hear it.

    He said he wasn't concerned that the defendant sold me a home she did not own, nor was he concerned about the defendant threatening to shoot me and had someone else to do the same. The fact that the defendant ordered my water cut off 16 times over three months was a "minor issue not worthy of the court's time" was his exact words.

    Both witnesses, both employees of the defendant, admitted they arranged -- at the request of their employer-- to have my cars and tools removed and sold. The money derived from the sale went to a celebrational dinner. But, the judge said that them doing so did not constitute theft or conversion and was legal because I was renting the property so it belonged to the defendant. He also said that the employees doing this under her supervision means they are responsible and should have been listed in the suit as indispensible parties. { They were not}

    As for the defedant telling people I am a convicted child molestor, the judge said that by her telling this to others did not make it slander even though both witnesses said she told them each and did so in front of others. The judge said the defendant would have to tell others aside myself. My attorney told the judge that she never told me and that she told her employees, other residents, and DFACS members-- even posted a picture of my brother and told everyone that it was me living there.

    So, now I have to appeal or somehow request a correction of decision or reconsideration.

    No, my attorney did not have the charges ready to begin with. He didn't have anything done like that on the first day, but the second day, all were done. Other than that, everything else was keyed up and ready. I just never got the chance to show anything.

    What's my best recourse now??
    You get more with a kind word and a gun than a kind word alone

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lawyer Misplaced Witness List

    I sure wish I could offer you something zedex but I am not that knowldedgable to help. Maybe Aaron will catch on to this and give you something. If not, there are a few here that know procedure pretty well.

    Sure sounds like you took a screwing though. I cannot imagine hearing some of the things you have related here. From this perspective, they are just so wrong.

    Obviously, I do not have the entire picture but from the peak you have shown us, it is one tumultuous painting.

    I still think your attorney is a bit "lacking". Sounds like he had no control of your case at all nor any true insight as to what to expect.

  10. #10
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Lawyer Misplaced Witness List

    Quote Quoting jk
    View Post
    I sure wish I could offer you something zedex but I am not that knowldedgable to help. Maybe Aaron will catch on to this and give you something. If not, there are a few here that know procedure pretty well.


    I hope so. I still cannot gather how ticked I was



    Sure sounds like you took a screwing though. A quick, deep painful one, yes

    I cannot imagine hearing some of the things you have related here. From this perspective, they are just so wrong. The judge didn't sound like he even wanted to hear the case and couldn't wait to get out of the courtroom

    Obviously, I do not have the entire picture but from the peak you have shown us, it is one tumultuous painting. Everyone, even the defense was shocked at the judges behaviour. He yelled, he cussed, got into arguments with both attornies

    I still think your attorney is a bit "lacking". I got the same impression Sounds like he had no control of your case at all nor any true insight as to what to expect.
    This whole thing caught everyone of guard, particulary the last part when the judge told everyone to "get the hell out of my courtroom" and kept repeating " I ain't trying to hear this" and " you think I got nothing better to do than hear cases everydat?". I was thinking, "well, yea. Thats your job" The short of it was he was being an arrogant prick, he's the judge and we are to bow down to him. The defense attorney { a good looking, very well built lady of about 35} was the object of the judges eyes and made it known it was not appreciated.

    Too bad we didn't have a court recorder..........
    You get more with a kind word and a gun than a kind word alone

    1. Sponsored Links
       

Similar Threads

  1. Late Submission of a Witness List
    By Floridamom772 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-27-2010, 07:45 PM
  2. Search and Seizure: Misplaced Evidence
    By s1_s in forum Criminal Procedure
    Replies: 2
    Last Post: 01-21-2010, 02:16 PM
  3. Filing a Witness List in Small Claims Court
    By GreatGadsby in forum Civil Procedure
    Replies: 6
    Last Post: 03-09-2006, 05:15 AM
  4. Trials: Witness List and Discovery
    By devdog1one in forum Criminal Procedure
    Replies: 1
    Last Post: 09-20-2004, 07:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources