CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Discretion to Reopen/Reconsider
11 Cards On This Topic:

Court may vary order of trial.

Court entitled to rely on D's lack of diligence in denying motion to reopen penalty phase to admit BBC program which was in any case not relevant or connected with defense evidence.

Trial ct. has inherent power to reconsider and vacate order granting habeas petition, on motion filed w/in 60-day time period, as long as no appeal yet filed.

Trial court had inherent authority to reconsider its order dismissing two counts in criminal case as orders interim in nature and no final judgment issued.

No abuse of discretion in allowing DA to reopen case to present inadvertently omitted evidence the quantity of marijuana found in D's coin purse was a usable amount.

Trial ct. invaded jury's province under PC 1161 when it told jurors the multiple victim enhancement verdicts were inconsistent and they might wish to "reconsider" and "should" find the allegations true.

Error to remand to allow DA to present revised testimony of arresting O to establish facts to support resisting arrest count.

Trial court acted within its inherent authority and did not abuse its discretion when it reopened closing arguments after jury declared itself deadlocked.

Factors considered in reviewing trial ct.'s refusal to reopen trial for additional evidence.

Court properly refused to reopen trial after closing arguments started so D could present collateral evidence.

Court w/in discretion to refuse to reopen case after deliberating jury asked whether D right or left handed; though relevant, defense should have introduced earlier.