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Statement of witnesses and evidence in California

by Stan Burman

A statement of witnesses and evidence in California is the topic of this blog post. 

If you have been served with a request for statement of witnesses and evidence you must serve your response on the requesting party within 20 calendar days from the date of service of the request pursuant to Code of Civil Procedure section 96(c). 

However if you were served by mail you have 25 calendar days to serve your response pursuant to Code of Civil Procedure section 96(g) which states that, “The time for performing acts required under this section shall be computed as provided by law, including Section 1013.”

Code of Civil Procedure § 96(a) requires that the response contain the following information:

The names and addresses of all witnesses other than a party to the action that the responding party intends to call at the trial.

A description of the physical evidence that the responding party intends to offer at the trial.

A description and copies if available of documentary evidence that the responding party intends to offer at the trial.

However evidence and witnesses and that will be used only for impeachment do NOT have to be included in the response.

If you are responding to a request for statement of witnesses and evidence you should make every effort to include all of the information required as you will not be allowed to call any witness, or introduce any evidence that was not included in the response except as otherwise provided by law pursuant to the last sentence of Code of Civil Procedure § 96(a).

It should be noted however that there are exceptions to that rule as Code of Civil Procedure § 97(b)(5) permits the responding party to request the court for permission to call witnesses and/or introduce evidence at trial on the grounds that the responding party made a reasonable good faith effort to comply with Code of Civil Procedure § 96(c) or on the grounds that the failure to comply was the result of mistake, inadvertence, surprise or excusable neglect as provided in Code of Civil Procedure § 473.

Attorneys or parties in California who would like to view a portion of a sample response to a request for statement of witnesses and evidence in California sold by the author can use the link shown below.

Sample Response to Request for Statement of Witnesses and Evidence in California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.


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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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