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Is "coaching" grounds for dismissal?

San Jose, CA |
Filed under: Litigation

we have documents in which one individual is addressing another and says, "it will carry more weight coming from you as an (specialist in particular field), if you say ie: ____ , ie:______and ie:_____."

all of the examples given, are the exact words that were used in the referral against us,we have tons of document to prove this is false. However my question is, is this just something that makes you sick to the stomach, or are these grounds for a dismissal?

Attorney Answers 5


This doesn't make me sick to my stomach, though I suspect most litigators have pretty strong stomachs. Nor is it grounds for dismissal.

Nevertheless, it may be good impeachment evidence for one or more of the people in question. Much depends on the rest of the document and the evidence in the case.

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No, coaching is not grounds for dismissal.

Nor does the quoted language make me sick to the stomach.

These documents may be excellent impeachment evidence to use during cross-examination.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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It sounds like it may be coaching rather than the witnesses' own testimony. So the thing to do is try and impeach the witness and get out of them that this was not their own response, rather what they were told to say by a third person.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Lucky you found this. It should hopefully successfully mimpeach the opinions of the witness. Keep in mind the witness will likely say that those suggestions didnt affect his opinion. Dont rely completely on this impeachment info, be prepared to show the witnesses conclusions are wrong for other reasons. You may need an expert of your own.

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I Agree with Charles Richard Pery and Frank Chen. Apparently, you are telling us that an individual is telling a specialist what he would like him to say. Is that even coaching? It maybe a special opinion from a lay individual to a specialist who has a training background and expertise in education and the individual does not possess possible impeachment, but I don’t think you are gong to get much horsepower out of this in the courtroom

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