I'm conducting a short bench trial for a juvenile case. The trial had to be continued from last week (after I rested). The defense will present their case tomorrow.

In any event, the victim in the case testified in my case in chief. The defense attorney cross-examined the witness. The witness was then excused by the court. I've come to learn that the defense attorney has subpoenaed the witness and intends to call my witness as part of her case in chief tomorrow. Can I stop this?

There have been no new developments in this case to justify calling my witness. The defense attorney cross examined this witness during my case in chief. It certainly seems that defense is trying to get another bite at the apple without justifying the reason.

It has been my experience that the defense can rely on the State's subpoenas, and can "re-call" any witness the State calls. Sorry, but it looks like she just forgot to ask some questions and wants to ask them now. HINT: if she is calling a witness, don't let her lead until she has proven that the witness is adverse.

the opportunity to lead your own witness on cross is also potentially useful.

They can certainly recall the witness if the court allows it but, if they were released from the subpoena by the court, I don't think you are under any obligation to assist them in getting the witness back. If they were released subject to recall, they can rely on your subpoena.

Wait till a weak kneed judge allows the defense to "reserve their cross" of your witness until they present their case. I have had this happen several times. Usually the judge will shut this down, but I have had it happen in a sexual assault of a child case where the witness was the victim. To say I was angry does not begin to describe how I felt when the court allowed the defense attorney to drag the child through the experience twice. the jury was not happy either.

My trial partner and I are going through reserved crosses, defense calling our extraneous victims in their case-in-chief, etc. right now. Trial in progress. And delayed two days for bad weather. Yikes!

Let me guess.... does the defense attorney's name begin with David and/or Travis???????

yes, both

and not done yet