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The obligation of the individual to attend the court as a witness is enforced by a process of the court, particular process being the subpoena ad testificandum, commonly called the subpoena in the United States. This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony.
The prosecution calls all the witnesses one by one. Witnesses are not allowed to sit in the courtroom, and must wait outside until they are called to testify on the stand. Each time the district attorney calls a witness for direct examination, the defense attorney is allowed to ask questions as well of the same witness as part of cross-examination.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below.
The office planned to object to her being called as a witness, though court records show the case never progressed to the point where a judge was asked to rule on it.
The United States Supreme Court held that the use of the spouse's recorded statement made during police interrogation violated the defendant's Sixth Amendment right to be confronted with the witnesses against the defendant where the spouse, because of the state law marital privilege, did not testify at the trial and so was unavailable.
Kosovo's prime minister again refuses to testify at prosecutor's office for a corruption case Kosovo’s Prime Minister Albin Kurti on Tuesday again refused to report to the Special Prosecutor’s Office that had summoned him as a witness in an alleged corruption case of st…
The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct examination". Many state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination, though California restricts cross-examination to "any matter within the scope of the direct examination".