Legal Question in Family Law in Michigan

Can you have a witness removed?

Im in the middle of a custody trial,was put off until the end of may due to schooling.One of the witnesses has comitted perjury,I have the evidence,on at least 3 occasions.Its my oppenents husband,concerning controlled substances.Do i bring it up immediately when we return?Can I have him removed,or disqualified,and have his testimony stricken?TY


Asked on 2/21/04, 5:57 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Can you have a witness removed?

You really need a lawyer to handle such judgment calls and to bring in the evidence in a proper manner. If you already have a lawyer, let the lawyer do his or her job. If you do not have a lawyer and want to discuss this with me, feel free to call me at 248-353-9400. William S. Stern

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Answered on 2/21/04, 6:01 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Can you have a witness removed?

If indeed a witness testified contray to the truth during direct examination your attorney can impeach the witness during cross examination. The judge/referee can then decide to disregard all of the testimony of that witness as being tainted or only exclude that testimony which was proven inaccurate. Sometimes an attorney may decide not to impeach a witness on certain facts because overall the testimony could be beneficial to your case. You need to sit down with your attorney with a copy of the transcript covering the testimony of the witness you believed misspoke the truth and the evidence you have to support your belief. Good luck.

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Answered on 2/21/04, 7:21 pm


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