What is the effect of section 356 of the Alberta Evidence Code on a witness giving evidence?

California, United States of America


The following excerpt is from People v. Champlin, A140705 (Cal. App. 2016):

Evidence Code section 356 provides in relevant part, "Where part of [a] . . . conversation . . . is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; . . . when a detached . . . conversation . . . is given in evidence, any other . . . conversation . . . which is necessary to make it understood may also be given in evidence." The statute "is sometimes referred to as the statutory version of the common law rule of completeness. [Citation.] According to the common law rule: "[T]he opponent, against whom a part of an utterance has been put in, may in his [or her] turn complement it by putting in the remainder, in order to secure for the tribunal a complete understanding of the total tenor and effect of the utterance." [Citation.]' [Citation.]" (People v. Parrish (2007) 152 Cal.App.4th 263, 269, fn. 3.) The purpose of the rule "is to prevent the use of selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression on the subjects addressed. [Citation.]

Page 12

Other Questions


What is the effect of section 352 of the Alberta Evidence Code on "prejudice" under section 352(1) of the Evidence Code? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on a witness giving evidence? (California, United States of America)
What is the effect of section 356 of the California Evidence Code on the interpretation of the meaning of section 46(1) of the word "admissible in evidence"? (California, United States of America)
What is the effect of section 702 of California Evidence Code section 702 (a) of the Evidence Code? (California, United States of America)
When a witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say? (California, United States of America)
What is the effect of section 352 of the Alberta Evidence Code on a defence where a defence witness has been called to testify at trial? (California, United States of America)
Does section 787 of California Evidence Code 787 preclude evidence to contradict direct testimony of a witness? (California, United States of America)
Can a defendant prevent a witness from testifying in court by preventing the witness from giving evidence? (California, United States of America)
What is the effect of section 814 of the California Evidence Code on an individual who is unable to provide evidence? (California, United States of America)
What is the current state of the law on the interpretation of evidence section 356 of the Alberta Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.