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District Court Rules

  • 18-09-2012 3:00pm
    #1
    Registered Users, Registered Users 2 Posts: 94 ✭✭


    In a case in the District Court if the prosecution gives it evidence and calls it witnesses and then rests it case.

    Then the defence calls it witnesses.

    If the defence witnesses brings about a point / argument for the defence can the prosecution call a witness who either previously had given evidence or who hasn't given evidence at all to challenge the defences point.

    On TV drama in the US I've seen this called a rebuttal witnesses.

    This person could only directly challenge the evidence provided by the defence witness and not give any extra evidence.

    Any information or examples appreciated?

    Dctf.


Comments

  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    That is much too sophisticated for the District Court.


  • Registered Users, Registered Users 2 Posts: 94 ✭✭DCTF


    I wouldn't agree there are plenty of occasions in the District Court where the prosecution can give the facts if their case and call there witnesses however if the defence call a number of witnesses who then bring up a specific point can the prosecution recall a witness or call a new witness to rebute the testimony.

    It would seem unfair to be unable to call witness to challenge a witnesses testimony other than to cross examine or re examine a witness by the prosecutor.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    If a defence witness is going to challenge a prosecution witness that should be put to the prosecution witness in cross. Its not let him up there and then catch him out.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Agree with ResearchWiil

    Don't head anything you see on TV re trials or any sort of legal procedure.

    I am always amused at US TV programmes re family law disputes showing spouses and lawyers sitting across a table from each other.

    Not the scene here for obvious reasons


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