Preparing witnesses for an administrative hearing or a trial
Health & Hospital Corp. [Queens Hospital Center] v Toval, OATH Index #500/11
It is good practice to prepare each witness for an administrative hearing or a trial separately.
A recent case adjudicated by an OATH Administrative Law Judge highlights potential pitfalls of preparing multiple witnesses for trial together.
In this case a witness admitted that she had difficulty remembering what happened on the night of the charged incident and that her testimony were based in part on a conversation she had with another witness while the pair were being prepared for trial on the previous day. It was unclear what portions of the witness' testimony was based upon her independent recollection and what aspects were based on information provided by the other witness.
Administrative Law Judge Miller found that the joint trial preparation undermined the reliability of both witnesses.
The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-500.pdf
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