The witness list names each witness, sometimes with a summary of expected testimony and whether the witness will appear live or by deposition. Witnesses omitted are generally precluded.
Lists may distinguish will-call from may-call witnesses.
Alternative Names:
Trial Witness List, List of Witnesses
Why it Matters?
Listing broadly protects against exclusion but signals nothing about actual trial plans, which is why the will-call and may-call distinction developed. For the opposing party the list is the roadmap for preparing cross-examination, and a witness appearing only on the may-call list still requires preparation. Rebuttal witnesses are frequently exempt from the listing requirement, which is worth confirming against the pretrial order.
Frequently Confused with
Related terms
Frequently asked questions
What is the will-call and may-call distinction?
Are rebuttal witnesses required on the list?
