Witness disclosures are frequently an issue in jury trials. Lawyers are required to make disclosures in civil jury trials concerning what witnesses they intend to call, and what those witnesses are expected to say. The rule is intended to prevent surprise for litigants. It is also frequently used as a sword by the opposing lawyer to keep evidence out.
This became an issue in the medical malpractice claim entitled Wilson vs. Moon. In Wilson, the plaintiff’s decedent was a young man, 23 years old, who suffered a pulmonary embolism which killed him. The plaintiff’s decedent went to the emergency room complaining of shortness of breath. The plaintiff sued the emergency room physician and the hospital where the plaintiff’s decedent passed away.
During discovery the plaintiff and the defendant indicated in their witness disclosures that any available witness disclosed by any party may be called as a witness by the party that was making the disclosure. In other words, all parties claim they could use all witnesses for all purposes that had been disclosed by other parties.