• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

witness interview by opposing council

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

nomoremail

Guest
What is the name of your state? Texas
EEOC Hearing in 10 days before Admin Judge. Atty for USPS scheduled a witness interview with MY WITNESS, the day before hearing. I told my witness, Cancel ! Can't believe permissable, discovery is over! Should I file a motion for sanctions? How do I word?:mad:
 


I AM ALWAYS LIABLE

Senior Member
My response:

Interviewing an unrepresented witness is NOT a part of the "Discovery" process. However, "witness tampering" is serious and could get you into trouble.

Now, an unsubpeonaed witness has no obligation to talk to the opposition; however, if your witness plans on testifying for you, the opposition will have an opportunity to likewise ask questions. If one of those questions is, "Were you instructed not to meet with us, to discuss what you know, by Mr. Jones, prior to this hearing?", and under oath, Mr. Jones says "Yes", then you're in hot soup with the ALJ.

IAAL
 
N

nomoremail

Guest
witness interview

So you are saying the opposing council can conduct an interview with my witness before the hearing? I understand meeting with your own witnesses prior to hearing or trial, but have never read any material stating opposing council could meet with cross examination witness. I would think that would be tampering with a witness. Are you saying I should tell my witness it is OK for pre-hearing examination by other side? So that means I can interview their ( hostile ) witnesses before the official hearing?
 

stephenk

Senior Member
you can ask the witness if they want to speak with you. If they decline, that's it. if they agree to talk to you, go ahead and interview.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top