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In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written ...
An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal.
FLASHBACK: VP Kamala Harris, while serving as California’s attorney general, sided with an illegal immigrant’s bid to acquire a license to practice law in a move that was opposed by the Obama ...
Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
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