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I mean, as opposed to merely cross-examining them in the course of the opposing side’s presentation of their case.

A closely related question asks of calling the defendant itself, though not its witnesses.

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  • Still awaiting an answer for the specified jurisdiction, England and Wales. Mar 14, 2023 at 1:55

2 Answers 2

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Any party may call a witness that has relevant evidence (Rules 53.01 & 53.04). There is "no property in a witness" (see also Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 QCCQ 7946 at para. 10). The adverse party may be called as a witness unless they've already testified or counsel has undertaken to have them appear as a witness in their case (Rule 53.07).

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  • Comments have been moved to chat; please do not continue the discussion here. Before posting a comment below this one, please review the purposes of comments. Comments that do not request clarification or suggest improvements usually belong as an answer, on Law Meta, or in Law Chat. Comments continuing discussion may be removed.
    – Pat W.
    Mar 14, 2023 at 16:03
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Clarence Darrow took the unusual step of calling the prosecution counsel as a witness during the Scopes Trial.

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  • The OP was asking about a civil trial, and about opposing witnesses, not opposing counsel.
    – Sneftel
    Mar 13, 2023 at 8:33
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    It stands to reason that if one may call even the opposing counsel to give testimony, a witness should enjoy much fewer protections. Mar 13, 2023 at 10:54
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    In the Scopes case, Bryan didn't object to testifying: if he had it would almost certainly have been sustained. In any case, on the next day of the trial, the judge ordered Bryan's entire testimony to be stricken, so this was not an effective example. Mar 14, 2023 at 3:27
  • @NateEldredge I thought the question was about whether one party could call certain witnesses; if the judge allows it, then later decides that he doesn't like the testimony, that is a different matter. Mar 14, 2023 at 8:32

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