Legal Question in Personal Injury in Alabama
Judge as witness for plaintiff
Can a judge hear a case on slander/lible when he gave affidavit to the state BAR for the plaintiff, when the plaintiff alleges his standing with the BAR was injured?
Asked on 1/20/09, 2:31 pm
1 Answer from Attorneys
William Pfeifer
Pfeifer LLC
Re: Judge as witness for plaintiff
A judge cannot preside over a case in which he is going to be a witness. Whether or not the judge has turned into a witness in this particular case would depend on more details than your post contains.
If you are dealing with a situation where the judge is going to become a witness, then your attorney would need to file a motion for the judge to recuse himself from the case. Whether this is an appropriate tactic to take in your case is a matter you need to discuss carefully with your attorney.
Answered on 1/20/09, 2:35 pm
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