In a motion for judgment in a personal injury case, how have exhibits been considered in evidence?

California, United States of America


The following excerpt is from People v. Mobil Oil Corp., 143 Cal.App.3d 261, 192 Cal.Rptr. 155 (Cal. App. 1983):

In Miller v. Dussault, supra, 26 Cal.App.3d 311, 103 Cal.Rptr. 147, both sides placed in evidence a number of documents in the course of direct and cross-examination of plaintiffs' witnesses. Two crucial defense exhibits, sharply discrediting the testimony of the plaintiff, had been received in evidence, out of order, before the plaintiff's case was completed. The exhibits were heavily relied on by defendant in arguing its motion for judgment and were considered by the trial court in granting defendant's motion. The court of appeal reversed the judgment,[143 Cal.App.3d 269] holding that the trial court erred, prejudicially, by considering the defense exhibits as a part of the evidence before it on the motion for judgment.

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