Legal Question in Personal Injury in New Mexico

In a civil action, aren't plaintiffs and defendants automatically included as witnesses (regardless of whether or not they're listed on their own pretrial witness lists)? This is a very specific question and has nothing to do with refusal to testify under fifth amendment protection against self-incrimination. Nor does this question have anything to do with third-party witnesses (who MUST be disclosed pretrial along with a summary of their expected testimony). This question only addresses whether or not the principal party litigants (plaintiffs and defendants) are treated the same as third-party witnesses (or if they're already automatically included as witnesses expected to testify anyway). If plaintiffs leave their names off their own pretrial witness list, does this mean that they're precluded from testifying in their case-in-chief (even if defendants already have plaintiffs already listed on their own witness lists)? I'm a paralegal myself and I can't find the answer, nor can I find anyone (attorneys) who knows the definitive answer to this question.
So, do plaintiffs lose their right to trial if they leave themselves off their own witness list? Can a plaintiff leave themselves off their own witness list, not be called in their case-in-chief, and then still be called as a plaintiff�s rebuttal witness to the defense?

Asked on 5/17/16, 10:20 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Parties testify as parties, not as witnesses. There is no requirement that parties list themselves. They are already listed.

Answered on 5/18/16, 8:52 am

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