change of counsel during 498a trial

[Govind singh]

Dear Sir,

My 498a trail is at the cross-examination stage of the PW1, where partial cross of PW1 was done by my counsel. Now due to some reason, I am not able to continue with same counsel and I need to change my counsel. Is it a valid prayer to court that cross of PW1 be deferred till examination-in-chief of other PWs is done, which can be done in my presence without engaging another counsel, to seek time to find another trustworthy counsel for myself and that trial continues and court’s time is not wasted till I find another counsel for myself ?

Thanks and regards,
Govind

[Dr. Ashok Dhamija]

Usually the cross-examination of a witness is conducted immediately after his examination in chief. However, the court has the power to defer the cross-examination if there are genuine reasons for doing so. There is no hard and fast rule in this regard. You may make a request to the court citing your difficulty. The court may perhaps agree. Else, you may request for deferring the examination of the new witnesses till you get a new advocate.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts