California, United States of America
The following excerpt is from People v. Reynoso, 3 Cal.Rptr.3d 769, 31 Cal.4th 903, 74 P.3d 852 (Cal. 2003):
4. "Typically, an appellate court has only a cold transcript, exhibits, and papers from the trial court's file to go on. Even when a videotape is available we cannot experience what the trial judge experiencedthe nuances, the inflections, the body language which traditionally form part of the basis on which credibility is evaluated by triers of fact. Despite technology, credibility determinations require a personal presence that a cold transcript cannot convey." (Abbott v. Mandiola (1999) 70 Cal.App.4th 676, 682-683, 82 Cal. Rptr.2d 808 [motion for sanctions should be heard by judge who observed conduct of party against whom sanctions are sought].)
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