But if they didn’t come forward because of the NDA, that would open up info that the prosecutors maybe didn’t know about. They wouldn’t know to legally compel them to do so. Just conjecture on my part.
I think this is where discovery comes in but I’m not a lawyer so I’m shaky on the process. My understanding is that the two parties have to give over certain information to each other like who the witnesses are and evidence that will be used in the trial. So even if they did have an NDA there is still the possibility of the prosecutors being able to question them in a trial, if they were handed over during discovery as witnesses. If there’s a lawyer or someone more knowledgeable about trial law lurking around that can correct me if I’m wrong please do!
NDA’s wouldn’t apply to legally compelled testimony.
But if they didn’t come forward because of the NDA, that would open up info that the prosecutors maybe didn’t know about. They wouldn’t know to legally compel them to do so. Just conjecture on my part.
I think this is where discovery comes in but I’m not a lawyer so I’m shaky on the process. My understanding is that the two parties have to give over certain information to each other like who the witnesses are and evidence that will be used in the trial. So even if they did have an NDA there is still the possibility of the prosecutors being able to question them in a trial, if they were handed over during discovery as witnesses. If there’s a lawyer or someone more knowledgeable about trial law lurking around that can correct me if I’m wrong please do!
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This is incorrect