Is the prosecution's failure to provide timely discovery of the proposed propensity evidence in a civil case?

California, United States of America


The following excerpt is from People v. Farias, E060754 (Cal. App. 2015):

Also problematic is the prosecution's failure to provide timely discovery of the proposed propensity evidence, in compliance with section 1054.7. That section requires that disclosures be made at least 30 days prior to trial unless good cause is shown. The purpose of the reciprocal discovery provisions is to promote ascertainment of truth by liberal discovery rules which allow parties to obtain information in order to prepare their cases and reduce the chance of surprise at trial. (Woods v. Superior Court (1994) 25 Cal.App.4th 178, 184.)

Other Questions


In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (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)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Can a failure to provide competent representation in a civil or criminal case be a basis for civil liability? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
In what circumstances will the US Supreme Court uphold section 1108 of the Civil Code of Civil Procedure, which bars a defendant from using propensity evidence? (California, United States of America)
What is the standard of evidence used in cases where the prosecution relies primarily on circumstantial evidence? (California, United States of America)
What is the test for providing evidence of intentional discrimination in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.