Asker
Posted over 13 years ago.
What if the witness said he or she forgot?
Tai Christopher Bogan Modesto Criminal Defense Attorney
Posted over 13 years ago.
Forgetting is not the same as not answering. You can refresh their recollection with anything you'd like. You show them the thing you'd like them to read or listen to or view to see if it helps refresh their recollection. If the person is intentionally being evasive then follow Ms. Spencer's sound answer.
Cross examination is an art and is why attorneys charge so much do help you. It really is not a waste of money if you hire a true litigator who knows how to cross examine witnesses.
Marilynn Mika Spencer San Diego Class Action Attorney
Posted over 13 years ago.
Mr. Bogan is absolutely correct. Saying he or she forgot is different from just refusing to respond. It is impossible to provide meaningful suggestions without knowing the specifics, but in addition to Mr. Bogan's suggestions, you can try to walk them through the relevant events of the day or situation (by Q & A, not by your statements) to help refresh the witness' memory . . . or to show to the arbitrator that the witness remembers everything other than the significant fact, which may affect the witness' credibility.
Know that if you are relying on an opposing witness to prove your case, such as needing a management-side witness to give smoking gun testimony, you will probably never get the testimony you seek. You need to prove your case with your own evidence and witnesses.
Asker
Posted over 13 years ago.
Not looking for smoking gun from these witnesses but I wanted to impeach them.
Marilynn Mika Spencer San Diego Class Action Attorney
Posted over 13 years ago.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope you can resolve your situation and wish you the best.