Administrative Law question.

[oscarnine]

Say there is a tribunal hearing where you are a party and the opposition produces an adverse witness who gives testimony against you. The witness describes evidence which has not been seen by anyone but them. You cross examine them solely on their description of this evidence which at the time, you have not seen.


The following week, you see the evidence, but the tribunal did not bring back the person who gave it to be cross examined on it.


Are you denied due process if your cross examination of adverse evidence was based solely on a description given to you by an adverse witness and the witness was not brought back for further cross examination AFTER you saw the evidence for yourself?

I am in MD and doing research for someone who was self represented in a tribunal.

 

[Zigner]

What is the name of your state?
What is the name of your class that you are doing homework for?

 

[tranquility]

Did you retain your right to recall the witness or did you dismiss him?

 

[oscarnine]

Neither. There was a point where the questions ended but there was nothing said that indicated future right of further questioning was forfeited. The guy was self represented and didn't speak up. All I can say was that he did object to not having the evidence in front of him when the adverse witness gave testimony and when finally confronted with the evidence, which the transcripts show were deliberately with held from him for a week until the last minute, he objected on the grounds that it was highly prejudicial.

 

[tranquility]

When you are done questioning, unless you reserve the right to recall the witness, you could very well have a problem getting him back.