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I would be very wary of making a accusation like that unless you have proof, which you don't have and aren't likely to get.
I wasn’t planning on making an accusation. I was just wondering if others had the same thought and, if so, how it turned out.
In this episode we discover what an “expert witness” does for a living
I’m not sure what you’re talking about when you say I’m taking things “too hard.” Maybe you can clarify to help me understand.
Kinda a charged allegation without more information. It’s not like the opposing party had any duty to disclose a favorable witness pre-suit, I probably wouldn’t do it until discovery as well and I certainly haven’t paid a witness to make up testimony.
Send discovery to get info about how this witness was discovered. Or ask at depo. Maybe this person gave a business card to the other party before leaving. This witness may be new to you but maybe the other side has known about them for a while. There’s gotta be an explanation as to how they found the person. Did they identify this witness on surveillance video footage maybe by getting someone’s license plate? I once got a witness on the cop’s body camera footage and it made my case.
One of the witnesses you interviewed, or a new witness?
If she left the scene I find it suspect that plaintiff would then find her... subpoena her phone records and bank statements.
Look up case law in your jx for sham affidavit. OC can’t just magically create disputed facts. Motion to strike (lay witness) or daubert motion (if an expert) should do.
I'm a little confused about why you assume this witness was paid. The idea that there were other people present at the accident scene besides those the police interviewed isn't really an unusual scenario. Lots of times bystanders who were present at the accident site don't wait around to talk to the cops. And, I've certainly received surprising evidence in a case before but never has my first thought been... opposing counsel must have gone out and hired someone to pose as a witness and give false testimony in this case.
You don't state whether you represent the plaintiff or defendant but honestly I can't imagine someone from either side caring so much about one single case to do something that unethical and potentially career jeopardizing. Is this case worth so much money your opponent could retire on the legal fee? Does opposing counsel have a reputation for doing potentially disbarrable things? Unless there's additional information you're leaving out, I think you may need to open yourself up to the possibility that your case isn't as great as you thought it was.
Thanks for your feedback. Actually, I am “open” the the possibility and yes, I purposely didn’t provide every detail that gives me this suspicion. I was hoping to hear stories about others who might have gone through the same situation, not get advice on how to handle, so every detail and whether I rep p or d is not necessary.
Did you serve pre-suit subpoenas to get any video/surveillance videos that may have captured the accident on video? Do any of the witnesses have video of the accident?