What is the test for exclusion from evidence in a civil case?

California, United States of America


The following excerpt is from People v. Johnson, 14 Cal.Rptr.2d 702, 3 Cal.4th 1183, 842 P.2d 1 (Cal. 1992):

Evidence Code section 770 provides that: "Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded unless: [p] (a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or [p] (b) The witness has not been excused from giving further testimony in the action."

8 Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974].

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