Do I have to give Notice to Designate Non-Expert trial witnesses?

Litigation 3 views 3 answers
The are several Non-Experts that I want to use as trial witnesses. Is it mandatory that I disclose or give notice to designate them, since I'll be using them for trial? I have not been served discovery by opposing counsel...they have not requested a list of my witnesses. I have already served and filed notice to designate my "expert" trial witness before my 60 day (90 before trial) deadline. What about my "non-expert" trail witnesses? Since they'll be on trial must I designate them too by notice? If so whats the deadline to offer/designate my trial witnesses (non-expert)? Or can I keep them as secret until ordered to exchange my witness list at Pretrial Conference?

Attorney Answers

3
William Moore ·
If you have not been served any discovery, you still should check the both the local rules and the Court's rules to see when you have to exchange witness lists and exhibits.
0 upvotes
Evan Moeller ·
Generally speaking, in Texas state court you are not required to disclose the identity of your potential fact witnesses prior to exchanging witness lists unless specifically requested to do so by way of Request for Disclosure or Interrogatory. However, if you haven't been served with a Request for Disclosure, I'm assuming you haven't propounded one on the other side either (otherwise, they would have remembered to do so upon receiving yours). You will have to weigh whether it's strategically to your advantage that neither side knows the identity of the other's potential fact witnesses prior to the exchange of witness lists.
0 upvotes
Brandy Peeples ·
I can't speak for the rules of procedure in Texas, but I'll generally say that I'm not giving a party free discovery or any additional information beyond the information an opposing party specifically requests in discovery. It's not my job to try the other side's case. So, so long as you're in compliance with what you're supposed to do under the rules, and so long as the other side hasn't requested in discovery a list of potential witnesses to the case, then your only obligation would be to disclose those in your witness list if that's required to be exchanged at a Pretrial Conference. Check your rules to ensure that you're not required to make any disclosures before that time.
0 upvotes

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