In what circumstances will the court refuse to rule on an affidavit that is not before the trial court?
California, United States of America
The following excerpt is from Sequoia Pine Mills, Inc. v. Superior Court of Tuolumne County, 258 Cal.App.2d 65, 65 Cal.Rptr. 353 (Cal. App. 1968):
In People v. Croft, supra, 134 Cal.App.2d 800, 286 P.2d 479, the appellant in a coram nobis proceeding attempted to introduce several affidavits which had not been before the trial court. In the opinion, the court said, at page 804, 286 P.2d at page 481:
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