Hypothetically, if my father were to sue a hospital for a medical mistake, resulting in my mother's death, and his lawyer (not defendent) requested my to testify, but my father won't allow me to, whose decision is it whether or not I testify? I am a minor in Kansas. I would be helping his case, but he doesn't want me to go through the emotional difficulty of it, but I want to help. Is it up to me? My father? My father's laywer? The defendent?
Artemis Agrotera
Your father decides whether or not you get to testify on his behalf. His lawyer works for him.
It is very unlikely that your father's lawyer would want you to testify. I know you want to help, but children generally do very badly on the stand in a civil matter.
The defendant has the right to subpoena anyone who could potentially help their case. It is very unlikely that the defendant would call you - and if they DID call you it would be because they knew you were going to say things that would hurt your father's case. (The defendant would not call you to help your father's case.)
Ben
A judge. If subpoenaed by the defendant, you will be required to testify or face civil contempt charges. Your father's attorney will only have you testify if in his/her experience your testimony will benefit the case. If you want to help your father's case, listen to his attorney.
Patrick4024
Unless you are under a sub poena, your father gets to make that decision. You might try telling your Dad you want to help him, and you think you can handle testifying in a courtroom.
blakelylaw
1. It is highly unlikely that you have anything to offer which is actually relevant to a medical malpractice case. I suspect the lawyer only wants your testimony for the emotional impact & that's the reason your father doesn't want you to testify.
2, Anyone who receives a subpoena has to testify & subpoenas are issued by attorneys or the court. I can't imagine that the defense would subpoena you, but they could, in which case you would have to testify. Your father's attorney actually decides whom he's going to call to testify, but that's done in conjunction with your father, the person for whom he's working. You can't force them to put you on the stand; all you can do is convince your father.
Orignal From: Who decides if you get to testify?
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