Legal Question in Family Law in California
1.)
what statue are case law/precedence is used to remove or exclude the testimony of a witness or and plantiff that has felonies and or fraud convictions?
2.)
what statue are case law/precedence is used to keep the plantiff argueing the written complaint and not ad libeing a new complaint during a trial?
this is for a family law,elder abuse,restraining order case.
1 Answer from Attorneys
1. No such law. Anyone can testify. Felony convictions can be put into evidence to attack credibility of a witness but not to exclude their testimony.
2. No such law. As long as the defendant has been put on notice of the general nature of the grounds for the complaint, the defendant must use discovery to pin the plaintiff down to the testimony and evidence. The defendant cannot introduce into evidence over a proper objection evidence that has been asked for in discovery and not produced. Anything that has not been asked for in discovery or that has been asked for and produced can be introduced if it is admissible testimony or evidence.
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