Witness List Question

[Blackcandt]

We have a court hearing on May 19th and there was an order entered about mid April for all Witness list and discovery to be turned in by May 9th.  We have turned everything over as asked and even did our depositions. The other side has yet to even give us a witness list. Our attorney asked at the deposition again last Tuesday (May 9th). The other attorney promised we would have it by Thursday. We go to court on Friday and we have no list.

1.Can their witnessed still be allowed to testify?
3. What can we do?

[socrateaser]

>1.Can their witnessed still be allowed to testify?

You can move the court to compel discovery of the witness list (and you should have already), limit the other party's witnesses at the hearing, and/or request a continuance until the other party produces the witness list.

The court will be very unlikely to simply refuse to hear the witnesses. More than likely there will be a postponement coupled with an order that the other party pay your reasonable attorney fees and costs in having to postpone the hearing.