CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Competency of Witnesses
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Judge/Arbit. As Witness
.........Present Proceeding
7 Cards On This Topic:
If judge is going to testify in pending matter, judge must, out of presence of jury, inform parties of subject of testimony.
Upon objection, judge may not testify in matter s/he presides over, and must declare mistrial.
By calling judge presiding over matter to testify, party consents to mistrial. Objection deemed motion for mistrial.
Absent objection by party, judge presiding at trial of action may testify in that trial as witness.
Judge presiding at trial is not competent as witness.
If judge calls self to testify in matter pending before his/her court, judge must still inform parties before testifying of substance of impending testimony.
By calling judge presiding over matter as witness, party waives right to have judge disqualify self once judge completes his/her testimony.