Can a trial judge order an ex parte viewing of a geographic location by a judge without the parties' consent?

California, United States of America


The following excerpt is from People v. Dean, F064134, F064175, F064299 (Cal. App. 2014):

We have located very few cases involving the ex parte viewing of a geographic location by a trial judge. In Noble v. Kertz & Sons Feed & Fuel Co. (1945) 72 Cal.App.2d 153 (Noble), reversible error was found where a judge conducting a bench trial independently viewed an accident scene without the parties' consent and used his observations as the basis for his decision in the case. The opinion holds that "a view without consent cannot be considered independent evidence on a controverted issue so as to support alone a finding otherwise not supported by other evidence, and, in fact, contrary to the evidence introduced." (Id. at p. 160.) "To hold otherwise would permit the trial judge to base his findings on what he observed without giving the parties the opportunity to explain or to supplement such observations, or to cross-examine the witness." (Ibid.)

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