Section 702 - Personal knowledge required (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.
Evidence Code §720(a) allows a person to testify as an expert witness “if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” (emphasis added).
Evidence Code § 801(b) provides that an expert may provide an opinion “based on matter (including his special knowledge, skill, experience, training and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably ...
Lack of Foundation/No Personal Knowledge, California Evidence Code §§ 702(a), 800. The statements lack foundation and/or are not based on personal knowledge. (For more on recorded conversations, see here.) Incomplete, Cal.
1418. The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court. 1419.
789. Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.
Section 90.404 - Character evidence; when admissible (1) CHARACTER EVIDENCE GENERALLY. -Evidence of a person's character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except: (a)Character of accused.
The family court typically uses a 730 evaluation when one or more divorce issues are complex enough to needs an expert's opinion. The judge may order a 730 evaluation at the beginning of the case, in the middle or toward the end. The Family Court can even order one during trial.
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.
Section 1419. 1419. Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing purporting to be genuine, and generally respected and acted upon as such, by persons having an interest in knowing whether it is genuine.
Leave required Section 104 applies only to “credibility evidence” as defined in s 101A. The accused may not be cross-examined about a matter that is relevant to his credit unless the court gives leave.
Under California Penal Code 801 PC, most felony crimes have a three-year statute of limitation. This means that prosecutors are required to press criminal charges within three years of the crime occurring. Otherwise, the suspect cannot be charged – even if there is sufficient evidence to convict.
'Best' evidence means, for example, that first-hand evidence is preferred to second-hand evidence. Rules of fairness, for example, are intended to prevent evidence that is prejudicial, and is of little value in proving any relevant fact, from being admitted.
The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
Section 1203 - Examination of hearsay declarant by adverse party (a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning the statement.
Section 1291 - Offered against party who previously proffered it (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The former testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or ...
The Relevance Rule – Evidence Code 210 EC
It is irrelevant if the evidence does not go to any material fact and cannot be introduced. Relevant evidence is described as evidence that has any reasonable tendency to prove or disprove any fact that Is disputed and matters to the case's outcome.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.
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.
If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: (a) Rationally based on the perception of the witness; and (b) Helpful to a clear understanding of his testimony. Enacted by Stats.
Evidence Code Section 250, which means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols or ...
(a) His demeanor while testifying and the manner in which he testifies. (b) The character of his testimony. (c) The extent of his capacity to perceive, to recollect, or to communicate any matter about which he testifies. (d) The extent of his opportunity to perceive any matter about which he testifies.
California Penal Code Section 141 says that it is illegal to alter, modify, plant, place, conceal, manufacture, or move any physical matter with the intention of causing someone to be charged with a crime, or for the physical matter to be used as evidence in a trial, inquiry, or proceeding.
Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that the prosecutor was or should, with due diligence, have been aware of such evidence.
Section 1336 - Conditional examination of material witness (a) When a material witness for the defendant, or for the people, is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehension that he or she will be unable to attend the trial, or is a person 65 years of age or older, ...