Legal Question in Civil Litigation in Georgia

I was involved in an accident in which my vehichle was a total lost. I was given the ticket claiming it was my fault. On the police report the officer wrote down no witness. I went to court and i proved without a reasonable doubt i was not guilty on the ticket. Now im going to a civil court claiming the damage of my vehichle. The day in court the defendent's attorney asked for a continuose stating that he was unprepared and just asked to defend them and also stated they had a witness he had to subpoena. Can someone show up to civil court as a witness when there was none stated in the police report and did not show on the day of the traffic court?


Asked on 6/25/11, 9:06 am

2 Answers from Attorneys
Paula McGill Attorney at Law

They can show up to court and you can object on a variety of grounds, including the police report. The judge may or may not allow the person to testify. However, remember, the person may not plan to testify to the accident, he may testify to other matters. Of course, you can impeach his credibility if he claims to have seen the accident.

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Answered on 6/25/11, 5:09 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes, as Paula said.

Bear in mind that the standard to win in traffic court is different than in civil court, so you could be negligent and still lose even if you won the traffic case.

The fact that you have not taken the time to learn the basics of a court case show why it is a very bad idea to proceed pro se. You may have missed valid objections already.

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Answered on 6/25/11, 5:36 pm


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