California & Federal Evidence

Only relevant evidence is admissible.Evidence having any tendency to prove or disprove the existence of any fact that more probable than it would be without the evidence.

Liability insurance is not admissible to show liability, negligence or wrongdoing. This is based on an interest in not penalizing those who have the foresight to purchase insurance. Moreover, it is likely that a jury would issue a disporportionte award if it knew of the existence of an insurance policy.

Evidence of the payment of medical bills and other things paid for by insurance is generally inadmissible. Two exceptions in CA: 1) health insurance can be admitted to reduce medical bill awards; P can also claim premium costs 2) evidence of insurance payments can also be used to reduce the value of the medical bills to that which was paid

Where remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less likely to occur, evidence of such subsequent measures is inadmissible to prove negligence or culpable conduct in connection with the event. California allows sub rem measures in strict products liability.

Evidence of an offer to compromise a claim is not receivable in evidence as an admission of the validity or invalidity of the claim. This is based on the promotion of the public policy favoring the compromise and settlement of disputes.

Evidence of a plea of guilty, which was later withdrawn or a plea of nolo contendere is not, in any civil or criminal proceeding, is not admissible against the defendant who made the pleaor was a participant in the plea discussions.

Information about a person's character may not be introduced to suggest that he or she did smeting based on his or her propensity to do so.

Evidence of habit can be admissible to demonstrate how a person acted on a specific occasion; the conduct must be specific, automatic and repetitive.

Evidence about an alleged sexual assault victim's past sexual behaviot is admissible in limited circumstances: 1) to prove that a person, other than the accused, was the source of semen, injury or other physical evidence; 2) evidence of specific sexual behavior to prove consent; 3) in civil cases, if the info's probative value substantially outweighs the prejudice/harm to the victim; or 4) in civil cases, if the info has been placed in controversy by the victim.

Evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence

Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter

Federal - judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.CA - judge presiding at the may be called to testify as a witness, if, he informs the parties of the information he has; Against the objection of a party, the judge presiding at the trial of an action may not testify in that trial as a witness. Upon such objection, the judge shall declare a mistrial and order the action assigned for trial before another judge

Federal - A member of the jury may not testify as a witness California - juror may be called to testify as a witness, if he informs the parties of the information he has; Against the objection of a party, the juror may not testify in that trial as a witness. Upon such objection, the judge shall declare a mistrial and order the action assigned for trial before another jury

In federal law, a criminal defendant’s spouse has a privilege to refuse to testify at the trial of his or her spouse. Only the witness spouse may refuse. California does not have a mirror rule.

(1) Federal - federal common law, the ability of children to testify was closely controlled by the judge and largely dependent on the court’s evaluation of whether the child could understand the concept of truthfulness (2) California - any child can testify depending on ability to tell the truth; witness under the age of 14: to protect from harassment and embarrassment; questions appropriate to age and cognitive ability of the witness; Regarding children under 10: testimony in certain criminal cases