As her first witness, attorney Alice calls her own client, Pamela, to the stand and asks her if it is not true that she was struck from behind by a car driven by Defendant. Pamela not only nods in the affirmative, but goes on to explain that everyone in the grocery store on the corner saw Defendant do it.
On cross-examination, defense counsel David asks Pamela why she never mentioned this in her deposition. Pamela says that she was never asked. David then responds in a laud voice while shaking his finger at her, “Do you mean to tell me that I never asked you during our deposition if there were any witnesses?”
David later seeks to introduce a copy of an interrogatory response signed by Pamela, indicating that Pamela, Defendant, and Friend, who was a passenger in Pamela’s car, were the only witness. Pamela then explains, regarding her response to interrogatories, that she did not know of the other witness until she had respond to the interrogatories, and she wasn’t sure if she would need to use them at trial. What civil procedure issues, if any, are raised by these facts, and how should a court rule on each?
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