Michigan Defendants' Witness List
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FAQ
If the defendant chooses to remain silent, the prosecutor cannot call the defendant as a witness, nor can a judge or defense attorney force the defendant to testify. (Defendants in civil cases may, however, be forced to testify as a witness in a civil case.
Trial Subpoenas A subpoena to give testimony at trial or hearing must be served enough in advance to give the witness reasonable notice. Unless the court orders otherwise, the minimum reasonable notice is two (2) days or fourteen (14) days before the appearance when documents are requested.
In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending. Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and
A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.
That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions. See 's Stages of a Personal Injury Case section for related articles and resources.
As part of the discovery process, the parties can usually ask each other to identify any witnesses who saw incidents that occurred or who have other relevant information.In other cases, you will have to request a witness list during discovery.
By the requirement of two witnesses to the same overt act or a confession in open court.
The English Criminal Evidence Act of 1898 provides that although the accused is competent to be a witness on his own behalf, he cannot be compelled to give evidence against himself, and that if he does give evidence in his defence, the prosecution may comment upon such evidence but must not comment upon his omission to