If a party is on the witness stand, can the attorney who presents the witness speak to the witness when he or she begins cross-examination?
Attorneys cannot speak to witnesses they present or parties they represent once they become subject to cross-examination, with the exception of a criminal defendant. Because of the Sixth and 14th amendments of the U.S. Constitution, a criminal defendant has the right to counsel at any time. That means if the criminal defendant is on the witness stand and is being cross-examined by the district attorney and asks to talk to his or her attorney, then he or she has the right to do so. Failure to do that could result in the granting of a new trial. Pennsylvania Supreme Court and U.S. Supreme Court case law is pretty clear that a criminal defendant always has the right to consult with counsel.
