Understanding California Evidence Code

Summary

In California law, relevant evidence must make a fact more or less probable and be significant in determining the cases outcome. Creative expressions can be admitted to show intent or pattern. Foundation ensures evidence is authentic and relevant. Hearsay, generally inadmissible, has exceptions like excited utterances and business records. Medical records must be authentic and timely. Witnesses must have personal knowledge and understand the duty to tell the truth. Evidentiary privileges protect certain communications, like attorney-client and doctor-patient. Correcting misgendered medical notes is possible, and confidentiality can be requested in court. Consult a lawyer for specific guidance.

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Nice to meet you, too I am wondering if you could help me understand California evidence code in more simple terms the first rule is that the rule all evidence introduced at trial must be relevant what is relevant information
In California law, relevant evidence is any evidence that has a tendency to make a fact more or less probable than it would be without the evidence. This fact must also be of consequence in determining the action.
What does of consequence in determining the action mean
"Of consequence in determining the action" means the information is important or significant in deciding the outcome of the case. It should directly impact the judge or jury's decision on the legal matter at hand.
What is the part that it's discusses criminal trials when either party wants to admit creative expression or some thing I don't understand what that means
In California law, creative expression, like an artwork or written piece, can be admitted as evidence under certain conditions. This often pertains to:
*. Proving the defendant's intent or motive.
*. Showing the defendant's knowledge or identity.
*. Demonstrating a pattern of behavior.
Remember, it needs to be relevant and of consequence to the trial.
Oh by explaining that their past history of crimes but not saying that it's the reason that they committed this crime they're just saying it shows are showing a pattern
That's correct, ****! A person's past can be used to show a pattern or tendency, but it doesn't automatically mean they committed the current crime. It just provides context. Do you have more questions on California evidence code?
After that then there's the rule of evidence have foundation what does foundation mean what are the criteria
"Foundation" in the context of evidence refers to the preliminary proof necessary to admit certain evidence. A foundation establishes:
*. The authenticity of the evidence.
*. The relevance to the issue in court.
*. The compliance with an exception to the hearsay rule. Do you have other questions on this topic, ****?
What does preliminary proof mean, and what makes something authentic evidence obviously it should be relevant to the case, so what factors make evidence irrelevant if it is about the case then and what does number three mean I don't understand can you put it in more simple terms
"Preliminary proof" refers to initial evidence showing that an item is what it's claimed to be. Authenticity means that the evidence is real, not fake. Evidence can be irrelevant if it doesn't impact the case's outcome, even if it's related. Number three refers to meeting certain legal exceptions to allow hearsay (second-hand) evidence.
what would those exceptions be, and what is hearsay
Hearsay is a statement made outside of the court that's presented as evidence. In California, hearsay is usually inadmissible, but there are exceptions, such as:
*. Statement made under excitement or stress.
*. Former testimony.
*. Business records.
*. Public records.
*. Statements against interest.
So if someone was assaulted would hearsay then be the assault her saying some thing to the victim and the victim bringing it up in court and saying this is what the person said and then that statement would be hearsay?
Yes, ****, in that scenario the statement made by the assaulter to the victim, if brought up in court by the victim, would generally be considered hearsay. However, it could be admitted as evidence under certain exceptions like a statement made under excitement or stress.
What if there is also a video and audio of the assailant saying the same words that the victim has described would it still be hearsay also what are certain exceptions and what do you mean by excitement or stress can you give me an example
If there's audio and video of the assailant, it wouldn't be hearsay as it's direct evidence. The 'excitement or stress' exception refers to statements made during or immediately after a startling event, driven by the stress of the situation. For example, a victim exclaiming "He hit me!" during an assault.
What happens if someone is assaulted in the perpetrator runs away and the victim is near a bystander that didn't do anything and the victim starts kind of harassing or questioning the bystander and making them feel guilty that they didn't do anything
In California, there's no general duty for a bystander to intervene in a crime. However, if the victim starts harassing the bystander, it could potentially lead to a civil dispute. It's advisable to handle such situations carefully to avoid any legal complications.
If that were the case and that situation and there was a video of it would the victim necessarily need to turn in the entirety of the clip since the victim in a sealant aren't in those clips it's just the victim would the victim be able to just submit the evidence of the assault without having to send in that part
In California, the victim is not necessarily required to submit the entire video. However, the court may request it to ensure the context and authenticity of the evidence. It's advisable to consult a lawyer for precise guidance.
what are the rules on who is competent to serve as a witness
In California, the general rules for a competent witness are:
*. Must have personal knowledge of the matter.
*. Must take an oath or affirmation to tell the truth.
*. Must have the ability to recall and communicate facts.
*. Must understand the duty to tell the truth.
What are the rules on hearsay evidence
In California, hearsay evidence is typically not admissible in court. However, there are exceptions:
*. Declarations under stress or excitement.
*. Prior testimony.
*. Business records.
*. Public records.
*. Declarations against interest.
Remember, each exception has specific criteria to meet.
What is the number five mean
"Declarations against interest" means a statement made by a person that is against their own interests - financially, legally, or penalizing in some way. Such declarations are often seen as reliable and may be allowed in court despite being hearsay.
Can you give an example
Sure, an example of a "declaration against interest" could be if someone said, "I shouldn't drive because I've had too many drinks." If this person then causes a car accident, their statement could be used as evidence against them, despite being hearsay, as it's a self-incriminating statement.
What is California evidentiary airy privileges
"Evidentiary privileges" in California legal terms refers to certain protections under law that prevents specific types of information from being disclosed in court. These might include:
*. Attorney-client privilege: Private conversations between an attorney and their client.
*. Doctor-patient privilege: Confidential medical information shared between a doctor and patient.
*. Spousal privilege: Conversations between spouses that are intended to be private.
What are the general rules on using medical documents as evidence for an injury how early with the person need to go to the doctor to have the injury diagnosed and what are the statute of limitations on how late the person can go to the doctor after being injured too prove injuries occurred
In California:
*. Medical documents can serve as evidence for an injury. However, they must be authentic and relevant to the case.
*. It's advisable to seek immediate medical attention after an injury to establish a clear link between the incident and the injury.
*. California's statute of limitations for personal injury cases is generally two years. However, this doesn't dictate the timing of medical treatment, but rather the filing of the lawsuit.
for number three that's not really what I meant I meant if the fact that it's best to going as early as someone can to see a doctor then what would bee the time limit for someone to go in to the doctor so that they can show evidence of having had an injury
While it's ideal to see a doctor immediately after an injury, there's no set time limit for medical examination to prove an injury. However, a delay might make it harder to directly link the injury to the incident. It's best to consult a lawyer for advice tailored to your situation.
So you're saying that if someone gets assaulted and let's say situation a THE person sustained a brain injury so severe that their life is altered they don't go to immediately get seen by a doctor due to the state they are now in but a year later when the case is put on trial and someone finally takes them in to the doctor because they are not capable of doing it on their own you were saying that even though it's a year later that the person goes in to have a doctor stated that they sustained injuries that that would still possibly be able to be admitted as evidence?
Yes, the medical report can still be admitted as evidence, despite the delay. However, the defense may argue about the time gap, making it crucial to build a strong case explaining the delay. Legal advice from a professional is recommended in such situations.
What do you mean legal advice from a professional are you saying a lawyer would call to the stand a expert witness on brain injuries of that nature to argue in favor of their point
Yes, in complex injury cases, attorneys often engage expert witnesses, like neurologists, to explain the nature of the injury, its cause, and its impact on the victim's life. This can help establish the link between the incident and the injury, especially when there's a significant time gap.
is there something caled ettera or suplementary medical notes?
I believe you may be referring to "addenda" or "supplementary medical notes". These are additional notes or amendments made by healthcare professionals to a patient's health record after the initial documentation. They can clarify or add to previous information. Are you considering submitting such notes as evidence?
yes. what qualifications would need to be met for an individual(client) to have a doctor use an addenda or supplementary medical note and what qualifications would need to be met to submit it as evidence for a case?
In California:
*. Addenda or supplementary medical notes should be made by the doctor who treated the client, ensuring authenticity.
*. The notes should be directly related to the injury or condition relevant to the case.
*. To submit as evidence, the notes must comply with rules of evidence, including relevance, authenticity, and hearsay exceptions. Consult a lawyer for a precise guide.
so the witness claiming that the doctor diagnosed them with a mild concussion would be considered hearsay and the evidence to prove this is the doctors supplementary note? whats the difference between it and addenda?
Yes, a claim made by a witness about a doctor's diagnosis could be considered hearsay. However, the doctor's supplementary note could serve as direct evidence of this diagnosis. Both addenda and supplementary notes are additions to the original medical record. The difference lies in their purpose: addenda typically clarify or correct information, while supplementary notes often add new information.
if someone already submitted a file as evidence can they retract it?
In California, withdrawing evidence already submitted can be complex and depends on various factors, including the stage of the trial and the judge's discretion. It's crucial to consult a lawyer for guidance tailored to the specific situation.
what if there hasnt been a trial and it was just the police who had asked for evidence?
If the evidence has been submitted to the police and not yet introduced in court, it might be possible to request its withdrawal. However, this depends on the specifics of the situation. It's advisable to consult with a legal professional for guidance.
ok. so going back to the claim of concussion being hearsay, and doctors supplementary note being proof how would one prove the doctors statement is accurate?
In California, a doctor's supplementary note is generally deemed reliable due to the doctor's professional obligations and standards. However, to further prove its accuracy, one could:
*. Cross-examine the doctor under oath.
*. Submit corroborating evidence, like medical tests.
*. Engage an expert witness to affirm the medical findings. Consult with a lawyer for precise guidance.
Expert witness as in people qualified in that field to speak on such injuries? Or what about the nurse who took the patient in and did the vitals before the patient had been seen by the doctor? The patient recalls the nurse and the doctor being the only * staff in the office since it was early in the morning. Is it possible that the doctor may have mentioned this to the nurse since the nurse also was the one that gave the patient the treatment referral paperwork for the other injury?
Yes, an expert witness would typically be someone qualified in the relevant medical field. As for the nurse, their testimony could also be valuable, especially if they were present during the consultation or involved in the patient's care. Regarding what the doctor might have shared with the nurse, it would depend on specifics not provided here. Do you have further questions on this topic, ****?
Oh I did have a question on how the information if the latter were true and the doctor did say something about a mild concussion what the procedure would typically work in court since this would technically be talking about a patients file or information
In court, medical professionals can testify about a patient's condition within the limits of patient-doctor privilege. This privilege can be waived by the patient to allow discussion of their medical information. It's also possible to introduce the doctor's notes as evidence, following the rules of evidence. Would you like more information on this, ****?
yes
Great, ****. What specific information are you looking to understand better about the court procedure involving medical records or testimony?
well you did mention It's also possible to introduce the doctor's notes as evidence, following the rules of evidence. are you just referring to our conversation about the concussion being added as a supplementary note or is this something different
Yes, I was referring to our earlier conversation. The doctor's notes, including any supplementary notes about the concussion, can be introduced as evidence in court, provided they meet the rules of evidence, such as being relevant and authentic.
what is california evientart priveleges
"Evidentiary privileges" in California law refer to protections that prevent certain types of information from being disclosed in court. These include:
*. Attorney-Client Privilege: Confidential communications between a client and attorney.
*. Doctor-Patient Privilege: Private medical information between a patient and doctor.
*. Spousal Privilege: Confidential conversations between spouses.
*. Clergy-Penitent Privilege: Confidential communications with religious leaders.
*. Psychotherapist-Patient Privilege: Private discussions between a patient and psychotherapist.
so going back to what i had mentioned about wanting the doctor to correct the misgendered clinical notes would I be able to use this if I want to redact the previous clinical notes and then put in the new evidence, and if this was on trial would I be able to show this to the lawyer and judge and explain that I don't want my transgender identity revealed so can this be waived? if i wanted to go about addressing this in court how would i have to proceed?
In California, you have the right to request amendments to your medical records if you believe they are incorrect or incomplete, including misgendering issues. You can:
*. Request your doctor to correct the misgendering in the notes.
*. Submit the corrected notes as evidence.
For confidentiality, you can:
*. Ask your lawyer to file a motion to seal these records.
*. Discuss with your lawyer about not revealing your transgender identity.
It's best to consult with a lawyer for detailed guidance.
if it hasn't been picked up as a case yet then would i be able to just ask or request with the police department?
Yes, ****. If the case hasn't been filed in court yet, you can request the police department to correct or update any information. However, it's advisable to consult a lawyer to ensure that your rights and interests are protected throughout the process.
what rights or interests might be at risk by doing this?
When correcting or updating information with the police department, your rights or interests could potentially be impacted in the following ways:
*. Privacy: Your personal information might have wider exposure.
*. Misunderstanding: Incorrect interpretation or handling of the new information.
*. Legal Strategy: Changes to evidence can affect how your case is presented or defended. Consulting a lawyer can help mitigate these risks.
what if I don't feel comfortable even talking to the officer who did the report because they misgendered me several times after I corrected them multiple times
I'm sorry to hear about your uncomfortable experience, ****. In California, you have the right to have your gender identity respected. You can:
*. Request to speak with a different officer.
*. File a complaint against the officer.
*. Seek assistance from a lawyer to communicate on your behalf.
*. Contact a local LGBTQ+ advocacy group for support and guidance.
Remember, it's important to feel safe and respected in any legal process.