TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985. - 2015.6.]
Title 3 enacted 1872.
§§ 1985–2015.6 · 45 sections
CHAPTER 2. Means of Production §§ 1985–1997 · 31 sections
- § 1985 (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person’s…
- § 1985.1 Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the…
- § 1985.2 Any subpoena which requires the attendance of a witness at any civil trial shall contain the following notice in a type face designed to call attention to the…
- § 1985.3 (a) For purposes of this section, the following definitions apply: (1) “Personal records” means the original, any copy of books, documents, other writings, or…
- § 1985.4 The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing “personal information,” as defined in Section 1798.3…
- § 1985.5 If a subpena requires the attendance of a witness before an officer or commissioner out of court, it shall, for a refusal to be sworn, or to answer as a…
- § 1985.6 (a) For purposes of this section, the following terms have the following meanings: (1) “Deposition officer” means a person who meets the qualifications…
- § 1985.7 When a medical provider fails to comply with Section 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may apply to the…
- § 1985.8 (a) (1) A subpoena in a civil proceeding may require that electronically stored information, as defined in Section 2016.020, be produced and that the party…
- § 1986 A subpoena is obtainable as follows: (a) To require attendance before a court, or at the trial of an issue therein, or upon the taking of a deposition in an…
- § 1986.1 (a) No testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of the immunity rights…
- § 1986.5 Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him…
- § 1987 (a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket…
- § 1987.1 (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a…
- § 1987.2 (a) Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court…
- § 1987.3 When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter…
- § 1987.5 The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the…
- § 1988 If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or any officer issuing the subpoena,…
- § 1989 A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any…
- § 1990 A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by…
- § 1991 Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a…
- § 1991.1 Disobedience to a subpoena requiring attendance of a witness before an officer out of court in a deposition taken pursuant to Title 4 (commencing with Section…
- § 1991.2 The provisions of Section 1991 do not apply to any act or omission occurring in a deposition taken pursuant to Title 4 (commencing with Section 2016.010). The…
- § 1992 A person failing to appear pursuant to a subpoena or a court order also forfeits to the party aggrieved the sum of five hundred dollars ($500), and all damages…
- § 1993 (a) (1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant…
- § 1993.1 (a) If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon his or her…
- § 1993.2 If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear, the court may issue…
- § 1994 Every warrant of commitment, issued by a court or officer pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it…
- § 1995 If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and…
- § 1996 Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness,…
- § 1997 If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all other cases his…
CHAPTER 3. Manner of Production §§ 2002–2015.6 · 14 sections
ARTICLE 1. Mode of Taking the Testimony of Witnesses §§ 2002–2005 · 4 sections
- § 2002 The testimony of witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination.
- § 2003 An affidavit is a written declaration under oath, made without notice to the adverse party.
- § 2004 A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. In all…
- § 2005 An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or…
ARTICLE 2. Affidavits §§ 2009–2015.6 · 10 sections
- § 2009 An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or…
- § 2010 Evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in a newspaper, may be given by the…
- § [2011.] Section Two Thousand and Eleven. If such affidavit be made in an action or special proceeding pending in a Court, it may be filed with the Court or a Clerk…
- § 2012 An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.
- § [2013.] Section Two Thousand and Thirteen. An affidavit taken in another State of the United States, to be used in this State, may be taken before a Commissioner…
- § [2014.] Section Two Thousand and Fourteen. An affidavit taken in a foreign country to be used in this State, may be taken before an Embassador, Minister, Consul, Vice…
- § 2015 (a) When an affidavit is taken before a judge or a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence…
- § 2015.3 The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit.
- § 2015.5 Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or…
- § 2015.6 Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant to law, an oath is required to be taken by a person…