COURT TRIAL - SURPRISE ATTACK OR SEARCH FOR TRUTH

• NCJ Number: 16138
• Journal: Judicature Volume: 56 Issue: 7 Dated: (FEBRUARY 1973) Pages: 274-278
• Author(s): H G FINS
• Date Published: 1973
• Length: 5 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ARGUMENT THAT THE USE OF SURPRISE WITNESSES AND SURPRISE EVIDENCE IN CIVIL AND CRIMINAL CASES SHOULD BE DISALLOWED.

Abstract

THE AUTHOR URGES THE FILING OF BOTH PLAINTIFF AND DEFENDANT PRE-TRIAL STATEMENTS A CERTAIN LENGTH OF TIME BEFORE THE TRIAL. THESE STATEMENTS WOULD LIST THE WITNESSES EACH SIDE INTENDED TO CALL, SUMMARIES OF THEIR PROPOSED TESTIMONY, THE EXHIBITS TO BE INTRODUCED INTO EVIDENCE, AND THE PURPOSES FOR THEY ARE TO BE USED. THE AUTHOR ALSO RECOMMENDS DOING AWAY WITH THE REQUIREMENT THAT LITIGANTS VOUCH FOR THEIR WITNESSES. THE PROPOSES, INSTEAD, TO ALLOW THE COURT TO CALL INDIVIDUALS AS COURT WITNESSES, THEREBY GIVING BOTH SIDES THE OPPORTUNITY TO CROSS-EXAMINE.