Legal Question in Civil Litigation in Georgia

Would it be legal to call a magistrate court judge as a witness for sworn testimony in a civil Superior Court case that he is NOT presiding over?

BACKGROUND

The defendant's testimony at a Superior Court deposition is in direct conflict with his sworn witness testimony at the Magistrate Court hearing. So the defendant was lying then or he's lying now.

I'm curious.... THANKS!


Asked on 10/23/13, 3:50 pm

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

That is definitely not an appropriate way to handle a case.

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Answered on 10/23/13, 3:53 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Talk to your attorney but this is probably a very bad move. Your attorney (and this is NOT a do it yourself project) can possibly use the trial transcript and good cross-examination to impeach testimony.

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Answered on 10/23/13, 3:55 pm
S. Carlton Rouse Rouse & Co., LLC

Firstly, I would defer to the advice of your attorney if you have one. If you are trying the case on your own. I would not recommend calling the magistrate judge as a witness at trial. Although you remember every minute detail of your case, I am sure, given the case load of most judges, the magistrate will not recall the specifics of the Defendant's testimony. That's why you have the option of having the proceedings taken down.

If there is a record of the proceeding, simply contact the court reporter and order a transcript. You can use that recorded testimony to impeach the Defendant at trial should he offer conflicting facts.

Best of luck,

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Answered on 10/23/13, 4:51 pm


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