Legal Question in Criminal Law in California

Judges as witness

Can a Judge be called as a witness?

That is not the presiding Judge at trial, but was the Judge over the case at the preliminary hearing that held over the case to be tried.


Asked on 1/12/05, 11:21 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judges as witness

No, you cannot call the judge as a witness. You would obtain a certified transcript from the court reporter, the transcript is the official record of the prior proceedings.

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Answered on 1/12/05, 3:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Judges as witness

Judges can be called as witnesses but only under *very* unusual circumstances. If all you need to know is what happened during the prelim you can order a transcript. That is the official record of what happened and will be accepted as such.

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Answered on 1/12/05, 10:10 pm


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