What duty does a defendant's counsel have regarding a newly discovered witness?

The duty of a defendant's counsel regarding a newly discovered witness is to immediately disclose the witness. This obligation stems from the principle of fairness and the requirement for full disclosure in the interest of justice. In civil procedure, both parties are expected to engage in discovery and share pertinent information with each other, which includes the identification of witnesses who may testify in the case.

When a party discovers new evidence or a witness that could impact the outcome of the trial, it is essential to disclose this information promptly. This ensures that the other party has the opportunity to prepare for this new information, allowing for a fair trial process. Failure to disclose a new witness could lead to potential sanctions or negative consequences, as it could be viewed as withholding evidence that may be crucial for the other party's case.

While other options suggest various delays or restrictions on when or how to disclose a new witness, they do not align with the fundamental duty of transparency and cooperation that governs civil proceedings.