What is the test for allowing a witness to refuse to testify in a civil case?
California, United States of America
The following excerpt is from People v. Armijo, 221 Cal.App.3d 271, 270 Cal.Rptr. 496 (Cal. App. 1990):
It was readily apparent to the trial judge that the witnesses were reluctant, and the reason for their hesitancy to testify was highly relevant to the case at hand. (See People v. Frausto (1982) 135 Cal.App.3d 129, 140-141, 185 Cal.Rptr. 314.) It was clearly within the court's discretion to allow the question if its potential probative value outweighed it prejudicial impact. (Evid.Code, 352.)
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