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- witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried.
law.justia.com/codes/california/2005/pen/1326-1332.html
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Rule 3.8 Special Responsibilities of a Prosecutor (Rule Approved by the Supreme Court, Effective November 1, 2018) The prosecutor in a criminal case shall: not institute or continue to prosecute a charge that the prosecutor knows* is not supported by probable cause; make reasonable* efforts to assure that the accused has been advised of the ...
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(c) "Witness" means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced. 679.02.
- California Evidence Rules on Relevance and Foundation
- California Evidence Rules on Witnesses
- The California Hearsay Evidence Rule
- The California Character Evidence Rule
- California Evidentiary Privileges
- Prejudicial, Confusing, Or Misleading Evidence
- Objections to Violations of California Evidence Rules
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The most basic California evidence rules are the rules that all evidence must 1. Be relevant to the issues being tried in the case,11and 2. Have something called “foundation”—that is, the side introducing the evidence (called the “proponent” of the evidence) must provide some proof that the evidence is reliable.12 “Relevant” evidence is defined as ...
Witness testimony is obviously an important form of evidence in California criminal trials. As such, witness testimony is governed by several important California evidence rules.
As a general rule, so-called “hearsay evidence” is not allowed in California criminal trials under Evidence Code 1200 EC.33Hearsay evidence is defined as 1. any statement that is not made by a witness testifying at the trial, 2. that is offered for the truth of its content.34 But the hearsay evidence rule is riddled with exceptions. For example, in...
Another important California evidence rule is the “character evidence rule.” This rule says that so-called “character evidence” is not admissible in a California trial to show that a person acted in accordance with his/her character on a particular occasion.47 What this usually means for a criminal defendant is that the prosecutor may not introduce...
Another important sent of California evidence rules concerns California evidentiary privileges. An “evidentiary privilege” is the right to 1. Refuse to testify in court or disclose certain information in a court case, or 2. Prevent someone else from testifying against you or disclosing certain information.52 Some of the most important evidentiary p...
Evidence Code 352 EC sets out one of the most important California rules of evidence. This statute provides that the judge may decide to exclude any evidence if its value is substantially outweighed by the likelihood that it will either 1. Take up too much time at trial, 2. Create undue prejudice, 3. Confuse the issues, or 4. Mislead the jury.57 Ac...
If the prosecution at your trial introduces evidence that violates one of these California evidence rules, your criminal defense attorney should “object” to the evidence. The judge then will either 1. “sustain” the objection, and exclude the evidence from trial, or 2. “overrule” the objection, and allow the evidence in. If the objection is overrule...
If you or a loved one is in need of help with evidence and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino,...
In the first scenario, the prosecutor knows that if she files the case, Jane will likely appear to testify when subpoenaed, will be a helpful witness for the prosecution when she does so, and will not try to undermine the government's case against John.
prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
(a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports ...
At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed. The defense will ask the prosecution witnesses questions. The defense can, though often does not, have their own witnesses.
