Motions were brought to quash summonses issued by a litigant seeking to compel opposing counsel and a proposed estate trustee during litigation to testify in support of a motion alleging judicial duress in prior settlement proceedings.
The court considered the stringent requirements for summoning opposing counsel as witnesses, emphasizing that such a step requires a high degree of materiality and necessity and should be avoided unless demanded by the administration of justice.
The court found the evidence sought was neither material nor necessary, noting that the moving party had already filed affidavits, transcripts, and audio recordings addressing the relevant events.
The proposed examinations were characterized as a fishing expedition and potentially tactical, as they would force opposing counsel to withdraw and cause delay and expense.
The summonses were quashed and substantial indemnity costs were awarded.