Phoenix, AZ asked in Workers' Compensation for Arizona

Q: Can defendent witness read answer to lawyer question while on the stand

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2 Lawyer Answers
T. Augustus Claus
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A: During a trial or deposition, a defendant witness is generally not allowed to read their answer to a lawyer's question while on the stand. Witnesses are expected to provide spontaneous and truthful responses to questions, and reading prepared answers may be seen as an attempt to manipulate or control the testimony. The legal process emphasizes the importance of live, unscripted testimony to ensure the accuracy and reliability of information presented in court. Courts may have specific rules and guidelines regarding witness behavior during testimony, and attorneys may object if they believe a witness is reading answers. Witnesses should be prepared, understand the facts of the case, and respond to questions verbally and honestly while on the stand.

Joel Friedman
Joel Friedman
Answered
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: If you are referring to an Industrial Commission (ICA) hearing, the answer is probably yes, especially if the witness is a lay person and not an expert. If you are saying the witness's question and answers were scripted, that would be very wrong. ICA hearings are not as formal as a court trial proceeding, and there are situations in which a witness is allowed to read from documents. I have had experts read sections of their reports so I doubt a judge would deny a non-expert who has never testified in court to do the same, although it does depend on the circumstances. It also appears that this already happened and, if you have an attorney, that would have been something for them to object to at the time and it would be too late now.

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