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Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 [1] to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included ...
Under the Federal Rules of Evidence 803 (18), either party can introduce a learned treatise as evidence, irrespective of whether it is being used to rebut the opposing party. Such texts are now considered an exception to hearsay, with two limitations: [3] For the learned treatise to be introduced, there must be an expert witness on the stand;
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence; Rule 612. Writing Used to Refresh a Witness's Memory; Rule 613. Witness's Prior Statement; Rule 614. Court's Calling or Examining a Witness; Rule 615. Excluding Witnesses; Opinions and Expert Testimony. Rule 701. Opinion Testimony by Lay Witnesses; Rule 702. Testimony by ...
In most jurisdictions including in federal courts, both the witness-spouse and the accused-spouse have the spousal communications privilege, so either may invoke it to prevent the witness-spouse from testifying about a confidential communication made during the marriage even if neither spouse is a party in the trial. [4]
The California Shield Law provides statutory and constitutional protections to journalists seeking to maintain the confidentiality of an unnamed source or unpublished information obtained during newsgathering. The shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1]
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