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Rebuttal Witnesses

Fairfax Injury Lawyer Brien Roche Addresses Rebuttal Witnesses

Brien Roche

The Use of Rebuttal Witnesses

Rebuttal witnesses are very common in civil suits.   At the end of the defendant’s case, the plaintiff may choose to call rebuttal witnesses. They may be called for the purpose of rebutting something that was brought up anew during the defendant’s case.

Rebuttal is a chance to buttress the plaintiff’s case.  However, the purpose of rebuttal is not to buttress what has already been said. Instead it is to rebut something that was brought up anew. In addition it may address something unexpected during the defendant’s case.

Plaintiff Has Burden

However most Judges do not impose such a strict limit on the use of rebuttal. Rather they allow plaintiff’s counsel a fairly broad reign in terms of rebutting anything that was addressed during the defendant’s case. This is true even though it may have already been addressed in the plaintiff’s case. It must be kept in mind the plaintiff has the burden of proof. With that burden should also go the last word.

In one reported case a judge refused to allow any rebuttal witnesses. The reason was because they had not been identified in response to Interrogatories during the course of discovery. Call, or contact us for a free consult.

Discretion is the Standard

As a general rule, the extent to which a trial judge allows rebuttal testimony is within the sound discretion of that Judge.   In other words it is unlikely that the judge’s decision on that issue is going to be reversed on appeal. The appeals court would have to find the  judge abused her discretion.

In one reported case the refused to allow a rebuttal witness. That witness had testified as an adverse witness for the plaintiff. In addition he was called as a witness for the defendant.  The trial court did not abuse its discretion in not allowing this witness on rebuttal.

Call, or contact us for a free consult. For more information on personal injury litigation see the page on this site. For more information on rebuttal see the pages on Wikipedia.

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Rebuttal Witnesses

Fairfax Injury Lawyer Brien Roche Addresses Rebuttal Witnesses

Brien Roche

The Use of Rebuttal Witnesses

Rebuttal witnesses are very common in civil suits.   At the end of the defendant’s case, the plaintiff may choose to call rebuttal witnesses. They may be called for the purpose of rebutting something that was brought up anew during the defendant’s case.

Rebuttal is a chance to buttress the plaintiff’s case.  However, the purpose of rebuttal is not to buttress what has already been said. Instead it is to rebut something that was brought up anew. In addition it may address something unexpected during the defendant’s case.

Plaintiff Has Burden

However most Judges do not impose such a strict limit on the use of rebuttal. Rather they allow plaintiff’s counsel a fairly broad reign in terms of rebutting anything that was addressed during the defendant’s case. This is true even though it may have already been addressed in the plaintiff’s case. It must be kept in mind the plaintiff has the burden of proof. With that burden should also go the last word.

In one reported case a judge refused to allow any rebuttal witnesses. The reason was because they had not been identified in response to Interrogatories during the course of discovery. Call, or contact us for a free consult.

Discretion is the Standard

As a general rule, the extent to which a trial judge allows rebuttal testimony is within the sound discretion of that Judge.   In other words it is unlikely that the judge’s decision on that issue is going to be reversed on appeal. The appeals court would have to find the  judge abused her discretion.

In one reported case the refused to allow a rebuttal witness. That witness had testified as an adverse witness for the plaintiff. In addition he was called as a witness for the defendant.  The trial court did not abuse its discretion in not allowing this witness on rebuttal.

Call, or contact us for a free consult. For more information on personal injury litigation see the page on this site. For more information on rebuttal see the pages on Wikipedia.

Contact Us For A Free Consultation

Contact Us For A Free Consultation