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Yes, they can. Typically a defense attorney will subpoena the witness, but the attorney may request that the court order the witness to remain in the court after testifying for the state. This assumes there is evidence the witness has to offer that cannot be brought out on cross examination of them for some reason. The better practice is to issue a subpoena.

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13y ago
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13y ago

The defense can call a prosecution witness whether the prosecution calls them to testify or not. The defense may subpoena anyone who can provide exculpatory evidence to appear and testify under oath, without exception.

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12y ago

Yes. But, the defense attorney would have to remove him/her self as the defense attorney

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14y ago

It would be VERY unusual but there could be circumstances when a judge might order an attorney involved in a case to take the stand in oredr to question him.

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Q: Can an opposing attorney be a witness?
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Related questions

What is direct examination of a witness?

Direct examination is when the witness is FIRST questioned in court by an attorney (usually their own lawyer), when he is questioned by the opposing side it is called "cross-examination."


What is the term for the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client?

The attorney who calls the witness conducts a direct examination. The opposing attorney may then conduct a cross examination. The first attorney may then conduct a redirect exam, whereupon the opposing attorney may conduct a recross exam.


What is the questioning by an attorney of the opposing attorney's witness?

Examination of a witness by opposing counsel is called cross-examination, assuming that by "opposing counsel" you mean examining a witness that is testifying against the client of the opposing counsel. Examination by either counsel of witnesses in favor of their client's position is called direct examination.


What is examination of a witness?

Direct examination is when the witness is FIRST questioned in court by an attorney (usually their own lawyer), when he is questioned by the opposing side it is called "cross-examination."


When do you say objection in a court?

When an attorney determines that the opposing counsel (or witness) has made, or is about to make, a statement or revelation which is contrary to established law and/or legal procedure. The judge rules on the objection by saying either "sustained", which means he agrees with the attorney who made the objection, and the opposing council must drop that line of questioning, or he says "overruled" or "I will allow it", which means he disagrees - for the moment - with the attorney who made the objection, and the opposing council can continue.


Is there a limit on how many times an attorney can re-direct or re-cross?

Generally, no, except that an attorney cannot examine the witness again after the opposing attorney has declined (for example, if I finish a re-direct, you choose not to re-cross, I can't then do another re-direct anyway).


Can a New York attorney witness a Maryland will?

Any one can serve as a witness to a will. The fact that they are an attorney makes no difference.


In a trial what is a redirect?

In a trial:a lawyer presents a witness to give directtestimony.The opposing lawyer then cross examines the witness (to minimize the effect of the witness).The original lawyer can redirect (possibly to reaffirm the witnesses original testimony.The opposing lawyer may try to recross the witness again.


What is it called when your attorney works against you with the attorney from the opposing side?

It's known as "collusion"


What does the attorney began to grill the witness?

The attorney asked several questions of the witnes.


What is the word for a person who testifies against you in court?

opposing party witness


What is an adverse witness?

An adverse witness is a witness who is called by the opposing party in a legal proceeding or trial. This witness is expected to provide testimony that is unfavorable or contradictory to the position of the party that called them.