15.18 - 3. Witness Who Refuses To Submit To A Pretrial Interview

JurisdictionNew York

3. Witness Who Refuses to Submit to a Pretrial Interview

Consideration should be given to speaking with an adverse witness pretrial. If that attempt has been properly and lawfully made but the witness has refused, cross-examination might proceed as follows:

Q: Didn’t a Mr. Brown call you last week and ask to speak to you about this case?

Q: Did he identify himself as an investigator for my office?

Q: You refused to speak to him about the case at that time...

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