Legal Question in Family Law in Nebraska
Last minute witness
We have a child support hearing in two days. Our attorney was just apprised of an ''out of state witness'', we have no knowledge of who it is, and opposing counsel has not disclosed who it is. Is this permissible? Does our attorney not have to have a certain amount of time to prepare a cross examination? Any advice is welcome.
1 Answer from Attorneys
Re: Last minute witness
The answer to your question depends in part on which county your case is being heard. Some counties require parties to provide the names of witnesses to the other side. Other counties simply let you show up on the day of trial and start calling people. This is because each county have their own local rules that supplement the state court rules, which do not require advance notice.
If your attorney conducted discovery and asked for a list of expected witnesses and what each witness was going to testify to, and this person was not identified, then you may at least have some basis to object to their testimony.
I hope this helps.