• 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.

emergency-need quick case law-trial in progress

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

I

ilikeducks

Guest
Pennsylvania law.

Prosecution wanted to call rebuttal witness against defendent...defendent did not testify..prosecution still trying to get rebuttal witness up , saying he is rebutting expert witness testimony..does the rebuttal witness need to be as educated as the expert ? can rebuttal witness say anything about what was said between him and defendant if defendant did not testify..??

need any kind of case law to have rebuttal witness not testifyundefined
 
Last edited:


rmet4nzkx

Senior Member
ilikeducks said:
Pennsylvania law.

Prosecution wanted to call rebuttal witness against defendent...defendent did not testify..prosecution still trying to get rebuttal witness up , saying he is rebutting expert witness testimony..does the rebuttal witness need to be as educated as the expert ? No, they do not have to be as educated as the "expert" they can have qualifications as an expert and have different qualifications, in either case the "expert" testimony has to pass a test and a rebuttal witness need not be an expert per se. http://faculty.ncwc.edu/toconnor/daubert.htm

can rebuttal witness say anything about what was said between him and defendant if defendant did not testify..?? Yes, but that is different than "expert" testimony, experts may offer an opinion, other witnesses testify as to facts, in this case what the defendent said to them, not hearsay. Depending on the type of trial and discovery, there may be other issues to be resolved before they are allowed to testify or not, if they were not on the witness list.

need any kind of case law to have rebuttal witness not testify Not knowing the information of the case, case law will do no good, however there are "objections" that may be made that may prevent testimony these are things the defendant's attorney should already know. If the defendent was honest with their attorney, this testimony should be expected and not a question for an online forum during trial. See the following link for an article on objections:
undefined
http://faculty.ncwc.edu/toconnor/405/405lect08.htm
 

Find the Right Lawyer for Your Legal Issue!

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