What is the current state of the law on the disclosure of evidence in a civil case?

California, United States of America


The following excerpt is from People v. Sanchez, F074386 (Cal. App. 2019):

In Brady v. Maryland (1963) 373 U.S. 83, the court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." (Id. at p. 87.) "The high court has since held that the duty to disclose such evidence exists even though there has been no request by the

Page 39

accused [citation], that the duty encompasses impeachment evidence as well as exculpatory evidence [citation], and that the duty extends even to evidence known only to police investigators and not to the prosecutor [citation]." (People v. Salazar (2005) 35 Cal.4th 1031, 1042; People v. Letner and Tobin (2010) 50 Cal.4th 99, 175.)

Other Questions


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)
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 current state's position on the rule of evidence in civil and criminal cases? (California, United States of America)
What is the current state of the law in cases where unprotested evidence is a dominant part of the evidence? (California, United States of America)
What is the current state of the law on the exclusion of Page 22 evidence in a civil case? (California, United States of America)
What is the current state of the law in the context of the rule of evidence in a criminal case? (California, United States of America)
What is the effect of a court's decision to remove the exclusion of evidence from evidence in a civil case? (California, United States of America)
What is the current state of the law in relation to the issue of material evidence in perjury cases? (California, United States of America)
What is the current state of the law in the context of retained counsel's representation in a civil case? (California, United States of America)
What is the current state of the law on the requirement of proof beyond a reasonable doubt in a civil case? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.