Can a court strike the entire testimony of a witness who has been cross-examined?

California, United States of America


The following excerpt is from People v. Davidson, F060378, Super. Ct. No. BF127448A (Cal. App. 2011):

[Citation.] The court should also consider if less severe remedies are available before employing the 'drastic solution' of striking the witness's entire testimony. [Citation.] These include striking part of the testimony or allowing the trier of fact to consider the witness's failure to answer in evaluating his credibility." (People v. Seminoff (2008) 159 Cal.App.4th 518, 525-526.)

"[T]here is solid support, both judicial and scholarly, for the proposition that when one or two questions asked during cross-examination are at stake and those questions relate to a collateral matter such as the nonparty witness's credibility, the trial court need not strike the entirety of that witness's direct testimony." (People v. Sanders (2010) 189 Cal.App.4th 543, 556.)

Other Questions


Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
Does the confrontation clause in civil law bar testimony from a witness in a witness testimony? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
How have courts interpreted witness testimony in cases where witnesses have been found not guilty of racial discrimination? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the proper remedy for striking a witness's entire testimony on cross-examination? (California, United States of America)
Is the court abused its discretion in refusing to protect a witness in a sexual assault case from the possibility that the prosecution witnesses in the case colluded to corroborate their testimony? (California, United States of America)
Can a witness cross-examining a witness in open court cross-examination be directed to write in the open court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.