Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?
I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each one? Is it an advantage or disadvantage for the Claimants case? When witnesses conclude the case, does Claimant has to testify?
A: I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its line of questioning, i.e. one direct examination and one cross-examination per witness. With regard to whether you have to testify, although you arguably have the right to refuse to testify or perhaps answer certain questions, you risk a missing witness charge. In civil cases (as opposed to criminal cases), the fact finder (in your case the Judge) is permitted to draw negative inferences if the Claimant refuses to testify.
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