Short answer. As a rule, no. Every pleading must name the witnesses who will be presented and attach their judicial affidavits, and only witnesses whose judicial affidavits are attached may testify at trial. The court can admit an additional witness only if you show meritorious reasons for the late addition.
What the law says
Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial.
Rule 7, Section 6 — Contents. Read the full provision →
What the law says
Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court
Rule 7, Section 6 — Contents. Read the full provision →
Your pleading must carry your evidence
Under Rule 7, Section 6 of the Rules of Court, a complaint or answer is no longer just a statement of claims and defences. It must also state the names of the witnesses who will be presented, a summary of what each will say, and the documentary and object evidence supporting the allegations — and the judicial affidavits of those witnesses must be attached to the pleading itself, forming an integral part of it. The case you file is, in a real sense, the case you will try.
The general rule: no affidavit, no testimony
The rule is blunt: only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. A witness you thought of after filing, or held in reserve, is presumptively out. This is a deliberate design choice — it forces both sides to lay their evidence on the table at the start, so the issues can be narrowed and trial dates are not consumed by surprise testimony neither the court nor the other party could prepare for.
The exception: meritorious reasons
The door is not completely shut. The rule provides: except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court. The Rules do not define what counts as meritorious — that is left to the court's discretion. In practical terms, you must explain convincingly why the witness could not have been named and their affidavit attached when you filed: the burden of justifying the late addition sits on you, and a bare change of strategy is unlikely to carry it.
What this means before you file
Treat the pleading stage as the moment your evidence is fixed. Before filing a complaint or an answer, identify everyone whose testimony you may need — not just your strongest witness — and have their judicial affidavits prepared and attached. If you are already mid-case and need someone who was never named, raise it with your counsel early: a motion explaining the meritorious reasons is the only route in, and the explanation is far more persuasive when made promptly rather than on the eve of trial.