QUESTION

Can plaintiff have some witnesses as defendant

Asked on Jan 22nd, 2018 on Breach of Contract - New York
More details to this question:
I am being sued for breach of fiduciary, I got affidavits from all my witnesses and I ask plaintiff for the list of their witnesses and they provided me the names of my witnesses they have no sworn statement.
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
I cannot answer your question without knowing what court you are in, and what proceeding (motion, trial) you are preparing to handle.
Answered on Jan 27th, 2018 at 3:36 PM

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Appellate Practice Attorney serving New York, NY
It is not only possible, it is common for at least some of the parties' witnesses to be the same.  When providing a witness list, you neer want to leave anyone out just in case; if you leave someone off the list and later need them to testify, you may be precluded.  BTW, it is very  unlikely that the affidavits your witnesses provided will be admissible; they will have to testify, in court, under oath and subject to cross-examination, not provide affidavits.  Generally, the way you get "sworn statements" from opposing witnesses before trial is by deposing them, but it may be too late for that now.
Answered on Jan 22nd, 2018 at 10:34 AM

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