Can a defense lawyer, after cross examining a prosecution witness, recall the witness later during the defense phase?

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Would he need to inform the court that he may need to recall the witness?

Attorney Answers

5
Royce Bishop ·
Yes he or she can, recall the witness, but he or she would proably want to ask all questions right up front to minimize the risk of the prosecution witness coming back later and saying something helpful to the prosecution.
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Robert Torp ·
As a general matter a witness can be recalled by a defense lawyer as long as he did not release the witness at the end of the original questioning and informs the court that he wants that witness to remain available to be recalled.
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Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
Generally yes. The defense attorney can ask the court not to release the witness, ask that he be sworn to reappear if needed, or serve the witness with a subpoena to reappear. These are decisions to be made by defense trial counsel, if for whatever reason, he wants to call the witness in his case in chief.
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John Hall ·
A person accused has a Sixth Amendment and Fourteenth Amendment due process right to call witnesses on his behalf. Some judges take limited views of the scope of witness examination on cross on the original subject matter. Therefore, if there remains any facts to be developed, the defense can call the witness in the defense case, but this time on direct examination. It depends on local practice whether the court needs to be told. I'd say its not required because calling witnesses is a fundamental right.
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Joshua SachsAppeals LawyerEvanston, IL ·
Normally yes, but the specific facts of the case and state law and practice would have to be considered. If the prosecutor objects the judge would have to decide whether the testimony is permitted.
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