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Question - Can I introduce a witness after the case has been decided?

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ch0sen1

Junior Member
A big case for company partnership has gone against me (which I strongly believe is fraud). The case has not been settled yet (after 10 years) but after an appeal to the first judgment, the court judged against me again. I have a very important witness that has just came through, that I believe will turn this case around, however I do not know how to go about introducing him to the court.

I am looking for a law that will allow me to bring in a late witness. Is there a law that states that a late, vital witness is allowed to come in and make a few statements? Is there anything I can do from here? I know in like murder cases that late witnesses come in all the time to reverse judgments. We can no longer appeal, and the case has been trying to be settled here the last year or two. I would really appreciate any help on this, it would mean everything to me.
 


Zigner

Senior Member, Non-Attorney
A big case for company partnership has gone against me (which I strongly believe is fraud). The case has not been settled yet (after 10 years) but after an appeal to the first judgment, the court judged against me again. I have a very important witness that has just came through, that I believe will turn this case around, however I do not know how to go about introducing him to the court.

I am looking for a law that will allow me to bring in a late witness. Is there a law that states that a late, vital witness is allowed to come in and make a few statements? Is there anything I can do from here? I know in like murder cases that late witnesses come in all the time to reverse judgments. We can no longer appeal, and the case has been trying to be settled here the last year or two. I would really appreciate any help on this, it would mean everything to me.
Sorry - we only deal with US law.
 

Some Random Guy

Senior Member
Originally Posted by Zigner
Sorry - we only deal with US law.
I am in the US. What does that mean?
It means that you deleted the question that asked the name of your state. Since this is presumably a lawsuit filed in a state court, don't you think it would be useful to know which state's laws it uses?
 

tranquility

Senior Member
Not that you could accomplish on your own. The law likes things settled. You've had your case and an appeal. It's done for all practical purposes.

Sometimes in criminal matters, a suit in Habeous Corpus can be done to free a person. You? Not so much.

If an attorney reviewed your case, he might determine there was a problem with jurisdiction or some other reason to get a relief from judgment. Now, while after-acquired evidence *may* be a reason for relief, at a minimum it would have to be evidence which COULD NOT have been discovered by due diligence.

Fraud, in the original action, would not be a reason to set aside a judgment. Only fraud in the presentation of the case could be.

In any event, you cannot do it on your own. The presumptions are against you and the hurdle is, correctly, very high. You need to ask your questions of an attorney who will need to spend some time in research and review and who will charge you directly (He will not do it on contingency.) for the service.
 

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