Legal Question in Credit and Debt Law in Wisconsin

As a part of discovery is a plaintiff's attorney required to provide to the defendant or their attorney a list of witnesses they plan on calling during trial?


Asked on 11/22/11, 3:18 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

No; in fact no discovery at all is technically "required" in most cases, unless a discovery demand is presented in the proper statutory format, with proper service, and during the correct time period consistent with the court�s scheduling order in the case. The demand for discovery also needs to request a properly discoverable item, and discovery requests are subject to objection by opposing counsel if the item requested is not properly discoverable (for hundreds of different well established reasons). A properly prepared and served motion to compel discovery can then raise the matter for the judge to decide what is properly demanded (or not). In major civil litigation, discovery disputes are often the majority of all litigation which comes before the court. All this being said, a list of witnesses is a commonly disclosed item. Some courts routinely require exchange of such lists within a certain period before trial. This is often not automatic, however, and then must be specially requested. If you are involved in any sort of a lawsuit involving formal discovery without a lawyer, you are already �in over your head,� and should immediately consult an experienced litigation lawyer. Simple cases are often resolved, and even go to trial without any formal discovery. Instead, the parties often reach an informal agreement to exchange certain information without bothering the judge about anything short of the actual trial. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Web forum answers may contain attorney advertising materials.

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Answered on 11/22/11, 3:37 pm


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