What is evidence Code 1042?
Evidence Code 1042 (d) When, in any such criminal proceeding, a party demands disclosure of the identity of the informant on the ground the informant is a material witness on the issue of guilt, the court shall conduct a hearing at which all parties may present evidence on the issue of disclosure.
What is evidence Code 1040?
Section 1040 of the California Evidence Code provides that a city may refuse to disclose official information (i.e., information acquired in confidence) if “disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the …
What is admissible evidence California?
Lay witnesses typically testify about facts. If a lay witness issues an opinion on something in the case, that opinion is admissible California evidence only if it is: Rationally based on his/her perceptions, and. Helpful to a clear understanding of his/her testimony.
What is an Evidence Code?
The Evidence Code lays out rules on which every piece of evidence is first authenticated and then presented in court—assuming it can get past hearsay. For example, bank records are hearsay—out of court statements being used to prove the truth of the financial information.
What is exonerating evidence?
In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared based on new evidence of innocence. A person who otherwise qualifies has not been exonerated if there is unexplained physical evidence of that person’s guilt. …
What is a Pitchess hearing?
In California criminal cases, a Pitchess motion is a defendant’s request to inspect a law enforcement officer’s personnel file for evidence of police misconduct. There is a prior finding that an officer committed a sexual assault; and, An officer commits a dishonest act (e.g., commits perjury or files a false report).
What is official information privilege?
Official records and information privilege – Information acquired in confidence by public employees is privileged where its disclosure would be against the public interest. This requires a finding that the need for confidentiality outweighs the interest of justice in full disclosure of relevant information.
What is the best evidence rule in California?
The Best Evidence Rule (Evidence Code Section 1500) requires that the content of a writing be proven by introducing the original. Because the Best Evidence Rule has many exceptions, most sec- ondary evidence is already admissible to prove the content of a writing.
What is 404b evidence?
Rule 404(b) states that evidence of other acts are admissible to show opportunity, intent, knowledge, or absence of mistake. This rule of evidence is often used in criminal trials, but is criminally underutilized in civil trials.
How do I cite California evidence Code?
For a California statute, give the name of the code and the section number. For example, “Code of Civil Procedure, section 1011” or “Family Code, section 3461.” For a federal statute, cite to the United States Code (abbreviated U.S.C.). For example, “28 U.S.C. section 351.”
What is the definition of evidence per California evidence Code 140?
140. “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.