Saturday, October 18, 2014

NY Family court - calling petitioner as witness for defense after petitioner's case in chief rests

Q:  Hi all, 

On the last court date the petitioner testified and was cross examined by respondents (my) council. 

I am now Pro se, whereas on that last trial date, I was represented by that council. Next court date is continuation of that trial. 

My council did not ask questions needed on cross examination. I would like to call the petitioner as witness for the defense, and requesting the court for the petitioner to be kept as hostile, on the day of the trial. 

Can the Pro-se party (respondent) ask any range of questions (for evidences sake) relevant to the case without objection from opposing council of the witness? I am thinking their attorney can object claiming this material has been covered already, as per the transcripts. 

I appreciate any help in advance.

A:  David's Answer:   You can ask to call the opposing party, but expect an objection if the issues were already covered. It remains in the discretion of the Judgment whether - and to what extent - to allow another examination of petitioner to take place. And even if your initial attorney was poor, I wouldn't advise to go through the process unrepresented - "He who represents himself has a fool for a client." Schedule a consult with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment