Legal Question in Landlord & Tenant Law in California

rules of the court conduct

does the defentent have the right to ask the plaintiff questions about subject that the planiff brings up in court ? in other words, does the defentent have the right to cross examine the plaintiff?


Asked on 1/11/08, 11:48 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: rules of the court conduct

Legally, the defendant always has the right to cross-examine anyone as to their testimony. But you do not say which court it is in; Judges sometimes make up their own rules. In Small Claims Court, everything is very informal and judges often will not allow cross-examination because they fear, correctly, that non-lawyer attorneys will ask irrelevant questions or ask them in a fashion that is not allowed, will get emotionally upset, will come close to fighting with the other party, and will spend much more time getting the information that the judge feels is relevant.

Since you posted in the landlord & tenant section, I assume this is an unlawful detainer action; I doubt the judge will let you do any or much questioning. If the hearing is in Superior Court, you will be allowed to ask questions but them must be asked in the legally proper fashion, in a calm tone of voice, call for information that is likely to lead to information that can be admitted into evidence, does not violate one of the rules against questions, etc. So the amount of questioning either side will be allowed probably will be very limited.

Prepare your case by writing out in a summary form [so that you do not have to look at your notes all the time] what you feel are the points you need to make to win and what you can say to defeat what the landlord says. It is best to get a Nolo Press book from you library and see what is needed in a landlord tenant case. If you have the time, go and watch one of those cases being tried, hopefully by the same judge you will have. Call the civil clerk's office to see when such a case is scheduled to be heard.

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Answered on 1/12/08, 2:06 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: rules of the court conduct

Mr. Shers has given you a very thorough and competent answer.

Follow his advice!

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Answered on 1/15/08, 4:07 pm


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