In what circumstances will a court strike down a rule of evidence?
California, United States of America
The following excerpt is from Wilson v. Superior Court, Los Angeles County, 134 Cal.App.3d 1062, 185 Cal.Rptr. 678 (Cal. App. 1982):
In Williams v. Kidd (1915) 170 Cal. 631, 151 P. 1, the court stated at page 649, 151 P. 1: "[A]s the purpose of all rules of evidence is to aid in arriving at the truth, if it shall appear that any rule tends rather to hinder than to facilitate this result, to promote rather than to repress fraud, it should be abrogated without hesitation."
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