Can a witness refuse to produce evidence in a civil proceeding?

California, United States of America


The following excerpt is from White v. Superior Court, 102 Cal.App.4th Supp. 1, 126 Cal.Rptr.2d 207 (Cal. Super. 2002):

A fundamental principle of the common law is that "`"the public ... has a right to every man's evidence." (Trammel v. United States (1980) 445 U.S. 40, 50, 100 S.Ct. 906, 63 L.Ed.2d 186). Under California law, if good cause has been shown for the production of a writing in a legal proceeding, no person has a right to refuse production of the writing in the absence of a statutory privilege permitting such refusal. "Except as otherwise provided by statute: [] . . . [] (b) No person has a privilege to refuse to disclose any matter or to refuse to produce any writing, object, or other thing." Evidence Code section 911 subdivision (b).

Other Questions


Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
Can a witness refuse to give evidence in a civil proceeding where the answers might incriminate him in future criminal proceedings? (California, United States of America)
When a witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Is there a "situation" where a plaintiff has been ordered to produce evidence under the Arizona Evidence Code under section 402 of the Evidence Code? (California, United States of America)
Does the time limit for objections from a plaintiff against a witness in a civil proceeding apply to a witness? (California, United States of America)
Can a judge who is a defendant in a civil matter refuse to testify as a witness or witness? (California, United States of America)
Can a witness who refuses to testify before a jury refuse to give evidence under the Fifth Amendment privilege? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.