210. “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.
Code § 1400. Current through the 2023 Legislative Session. Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.
In a criminal prosecution, discovery can include a wide range of items that are often crucial for your defense, such as: all the hard evidence in the case, such as physical evidence; exculpatory evidence that could be favorable to your defense; witness statements and depositions from police.
California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.
According to California Evidence Code 1101 EC, the prosecutor generally may not give “character evidence” against you. This means the prosecution isn't allowed to use your past bad actions or crimes as proof that you committed this particular crime.
(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Evidence Code §1119(a) prohibits in court the use of any statement made for, in the course of, or pursuant to a mediation. Meanwhile, §1119(b) prohibits any writing (as “writing” is generally and broadly defined in Evidence Code §250) that is prepared for the purpose of, in the course of, or pursuant to, a mediation.
Under Penal Code § 240(a), a witness is unavailable when the witness is absent from a hearing and the proponent of the statement has exercised reasonable diligence, but is unable to compel the witness' attendance in court.
1201. A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence of such statement is hearsay evidence if such hearsay evidence consists of one or more statements each of which meets the requirements of an exception to the hearsay rule.
The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
Section 1150 - Inquiry as to validity of verdict (a) Upon an inquiry as to the validity of a verdict, any otherwise admissible evidence may be received as to statements made, or conduct, conditions, or events occurring, either within or without the jury room, of such a character as is likely to have influenced the ...
II.
To "authenticate" evidence, you must introduce sufficient evidence to sustain a finding that the writing is what you say it is. (Evid. Code, § 1400 (a).) You need not prove the genuineness of the evidence, but to authenticate it, you must have a witness lay basic foundations for it.
Under section 350 of the California Evidence Code, only relevant evidence is admissible. In the abstract, this should hopefully make sense to everyone. It would be confusing and a waste of time and energy to admit or use evidence that is unrelated (i.e. is not relevant) to what the dispute or case is about.
Digital devices are among the admissible evidence in California family court proceedings. However, presenting text messages as evidence during the legal proceeding can work for or against you.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
California law does not look favorably upon any person who prepares or offers false evidence in any court proceeding. In fact, a person who is found to have done either act, whether the proceeding is a criminal trial or a civil trial, can be convicted of a felony under California Penal Code sections 132 or 134.
Section 777 - Exclusion of witness (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses.
Section 110. 110. “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. (Enacted by Stats.
1401. (a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its content may be received in evidence. (Enacted by Stats.
A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a ...
California Civil Jury Instruction CACI No 204 Willful Suppression of Evidence. You may consider whether one party intentionally concealed or destroyed evidence. If you decide that a party did so, you may decide that the evidence would have been unfavorable to that party.
702. (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
In a criminal action, evidence of the defendant's character or a trait of his character in the form of an opinion or evidence of his reputation is not made inadmissible by Section 1101 if such evidence is: (a) Offered by the defendant to prove his conduct in conformity with such character or trait of character.
A Penal Code 991 motion is a defense motion asking the judge to decide whether there is probable cause to believe that the crime was committed. The judge has to rule on the motion. It forces the judge to review the evidence early in the case and decide whether it is worth continuing.
Evidence Code 1103 Explained. Evidence Code 1103 states that a defendant in a sexual assault case is prohibited from presenting evidence or testimony regarding the alleged victim's prior sexual conduct or sexual reputation to prove whether consent was given.