Legal Question in Personal Injury in California
admissible evidence
in personal injury case relative to permanent disability as result of auto accident,can plaintiff's prior misdemeanor criminal record be entered into evidence?
1 Answer from Attorneys
Re: admissible evidence
Can a plaintiff's prior misdemeanor criminal record be entered into evidence? Under the California Evidence Code, neither felony or misdemeanor arrests nor misdemenor convictions are admissiable. However, in my experience, judges have not always ruled in this manner. The underlying questions is, the value of such testimony vs. the prejudicial effect of allowing it into evidence. I can dream up fact situations where I believe that allowing the evidence in would be proper.
Bottom line, California's Evidence Code preludes misdemenor conviction introduction into evidence. In special circumstances a judge may allow it in depending upon the relationship between relevancy and prejudicial effect.