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What is the California statue to remove evidence when

submitted the day of court....
What is the California statue to remove evidence when submitted the day of court.
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Answered in 3 minutes by:
3/16/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,698
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to explain more clearly what your issue is, because there is no specific statute regarding specifically what you are asking and likely there is a process you need to follow not a statute.

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Customer reply replied 5 months ago
if someone improperly serves documentation without giving a defendant time view, you can’t have this evidence stricken from the record.

Thank you for your reply.

I did NOT say that, please do not put words in my mouth and read what I said carefully. I have no clue about your issues other than what you tell me. You told me nothing and you asked what the statute was to remove evidence and I told you it depends on the situation and there may be more a process than a statute.

So, when did this documentation get served? PLEASE tell us the whole situation and then we can properly answer you.

And before you interpret what I am saying as saying you cannot have the evidence removed, I am not saying that, I am saying tell me the whole story so we can tell you the correct process.

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Customer reply replied 5 months ago
Sorry, the evidence was served while the court was in session when he start going through all the evidence.

Thank you for your reply.

There is no statute on this, the judge is the "gatekeeper of the evidence" according to case law. So you would need to demonstrate to the court the evidence is improper or was not properly disclosed (such as you asked for it in a request for production of documents pursuant to CA code of civil procedure 2031.280 and they did not produce it and then they tried to introduce it in court).

Also, in order to introduce evidence in court, it must be authenticated pursuant to CA Code of Evidence 1400. That means they have to present a witness with first hand knowledge of the document to testify as to the authenticity of the document.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,698
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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