Legal Question in Real Estate Law in New York
Small Claimns Info,.
I am a Claimant considering going to court against a defendant against damages to my property. I know if the defendant has a witness I could question or challenge the witness's statements. The defendant has a history of lying and will undoubtedly violate the oath administered by the judge. Can I question or challenge the defendant's statements directly or does the judge have to have all questions or challenges directed to the judge? If so, if I had a lawyer would he be able to question or challenge the defendant's statements directly or would he have to go through the judge?
1 Answer from Attorneys
Re: Small Claimns Info,.
Q. Can I question or challenge the defendant's statements directly or does the judge have to have all questions or challenges directed to the judge?
A. You can question the defendant directly. You cannot challenge the defendant. There is a difference. A question elicits facts. A challenge makes a statement. You are in Court to give the Judge facts. The Judge may also ask questions of the defendant.
Q. If so, if I had a lawyer would he be able to question or challenge the defendant's statements directly or would he have to go through the judge?
A. A lawyer may also question the defendant.
Mike.
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