How to Disclose the Identity of a Witness in Civil Court
The preliminary phase of a civil lawsuit is called pleading. This is where the plaintiff files and serves a complaint, and the defendants contest the legal sufficiency of the complaint and/or file an answer in response. Once the pleading stage is complete, the parties are required to make initial disclosures, which include the identities of witnesses who may testify in court. In federal district court, these initial disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure.
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Instructions
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Preface disclosure with case style. Though the initial disclosures are not filed with the court, they should be made in a document that begins with the case style as used on the pleadings. This style includes the names of the parties, the name of the court and the case number. See the Resources section for an example of an initial disclosure in federal court.
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List the names and addresses of witnesses. According to Rule 26, a witness is defined as any individual likely to have relevant information the disclosing party could potentially use to support claims or defenses. It's not necessary to name witnesses who might be used solely to undermine another party's claims or defenses.
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Provide a description. In addition to the name and address of the witness, a brief description of the subjects on which that witness will testify must be provided as well. A witness can only testify to information known through direct experience.
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Disclose testifying experts. The identity of an expert who is expected to testify does not have to be included in a party's initial disclosures. The time for disclosing testifying experts is either stipulated by parties or ordered by the court. Otherwise, Rule 26(b) requires testifying experts to be disclosed prior to 90 days before the start of trial. Non-testifying experts specially retained to help prepare litigation do not have to be disclosed.
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Tips & Warnings
Rule 37 prohibits the use of non-expert witnesses who are not disclosed on time in the initial disclosure. However, a party can amend its initial disclosure to add a witness if it is not unduly prejudicial to the other party.
References
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Comments
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I tel you Differences between witnesses and experts. 1) The information given by witnesses is independent from any judicial activity. It is due to hazard and the witness speaks about what he has seen and heard and what. is important for the case while the information given by the expert in a law-suit. appears on the request of. the Court; 2) The witness gives an account of the facts, as he has perceived them through his. sense organs. He can also draw a number of personal conclusions or associative. representations less complex than those of the expert, while the expert carries on a. complex activity in order to meet the objectives of the expertise and he expresses. specialized conclusions; 3) The experts have rights which the witnesses do not have: they look into the file. of the case, they may ask the Court and the parties for clarifications, they may. attend the debates, they may consult with other specialists within the complex. expertises; 4) The witness has a passive position in the trial while the expert has an active role. We should stress the fact that, if the expert knows some factual circumstances of. the case, he may not be an expert, he has to be a witness, the witness capacity.
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