What remedies are available to prevent or prohibit the testimony of a witness in a civil case?

California, United States of America


The following excerpt is from People v. Binns, B282506 (Cal. App. 2018):

"Upon a showing both that the defense complied with the informal discovery procedures provided by the statute, and that the prosecutor has not complied with section 1054.1, a trial court 'may make any order necessary to enforce the provisions' of the statute, 'including, but not limited to, immediate disclosure, [contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence,] continuance of the matter, or any other lawful order.' ( 1054.5, subd. (b).)" (People v. Verdugo (2010) 50 Cal.4th 263, 280.) The court may prohibit the testimony of a witness only if all other sanctions have been exhausted. ( 1054.5, subd. (c).) The court may also "advise the jury of any failure or refusal to disclose and of any untimely disclosure." (Id., subd. (b).)

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