Discovery Process in California Unlimited Civil

[buffs94]

What is the name of your state (only U.S. law)? California

Hello. First of all, I know I should hire an attorney but I simply cannot afford it. I am a defendant in a lawsuit in an unlimited civil case. I had read the California Code of Civil Procedures and have a decent understanding of the discovery process. However, I'm unclear on the process of presenting evidence as a defendant. What I'd like to do is interview a couple of witnesses and present those statements as evidence, or at least share them with the other parties involved. Can anyone explain the guidelines for interviewing witnesses and taking statements as a defendant? Thank you.

 

[tranquility]

You can "interview" who you want (and who want to talk with you) other than a represented party and tell the results to who you want. But, an out of court statement offered for its truth is not admissible evidence so it wouldn't get into court. Google hearsay. You can depose witnesses as well. At the very least, it will cost you for the court reporter to take a transcript of the deposition. Absent odd circumstances, most of that would not be admissible either. It's just you know what the witness is going to say at trial. (As, the sworn statements can be used for impeachment if the witness testifies differently.) It will cost many hundreds of dollars at least.

If you NEED a deposition, I suggest you get an attorney. He will help you get the best price for the reporter and limit the questions to only those necessary. (Which should reduce the cost to you.)

 

[buffs94]

You can "interview" who you want (and who want to talk with you) other than a represented party and tell the results to who you want. But, an out of court statement offered for its truth is not admissible evidence so it wouldn't get into court. Google hearsay. You can depose witnesses as well. At the very least, it will cost you for the court reporter to take a transcript of the deposition. Absent odd circumstances, most of that would not be admissible either. It's just you know what the witness is going to say at trial. (As, the sworn statements can be used for impeachment if the witness testifies differently.) It will cost many hundreds of dollars at least.

If you NEED a deposition, I suggest you get an attorney. He will help you get the best price for the reporter and limit the questions to only those necessary. (Which should reduce the cost to you.)

Thank you. That is extremely helpful!

 

[Proseguru]

testimony needs to be given at trial .... you can depose the witnesses of course and ask almost any question in a deposition.