Evidence Ca -- Authentication, Privileges, Judicial Notice*

Front 1

CA Authentication -- Ancient Documents

Back 1

CA = 30 years or more

Front 2

CA Authentication -- Self-Authenticating

Back 2

CA same as Fed (except for these ***)
Writings that do not need to be authenticated
1) Certified copies of public docs
2) Acknowledged docs
3) Official publications
4) Newspapers
5) Periodicals
6) Business records***
7) Trade Inscriptions***

Front 3

CA Privileges

Back 3

Most privilege law exempt frm Prop 8 (Truth in Evidence Amendment)

Front 4

CA Privileges -- Attorney-Client

Back 4

Communication between attorney and client or its representatives intended by client to be confidential (objectively) and made to faciliate legal services (CIVIL and CRIMINAL UNLESS WAIVED)

CA Corp EE -- 1) if agent natural person to speak w/ attorney on matter, or

2) agent source of liability and corp instructed her communication

Front 5

CA Privileges -- Attorney-Client
Exceptions
(4)

Back 5

1) communication involves intent to commit crime-fraud wp2) related to claim of alleged breach of duty between lawyer and client wp3) two or more parties in matter of common interest and one party discloses info regarding the other

4) CA only -- where lawyer r/s believes disclosure of info likely to result in death or bodily harm

Front 6

CA Privileges -- Doctor-Patient, Psychotherapist-Privilege

Back 6

Both exist (Fed, psychotherapist-patient only -- but MBE sometimes assumes doctor-patient exists) subject to exceptions

Front 7

CA Privileges -- Doctor-Patient, Psychotherapist-Privilege

Exceptions
(2)

Back 7

Privilege does not apply if:

BOTH --
1) patient has put medical condition in issue
2) services were sought to aid fraud/crime or prevent capture
3) case involves breach of duty

also for DOCTOR-PATIENT:

Criminal cases
if doctor required to report info to a public office
Commitment Hearings, Competency Hearings, License Hearings

also for THERAPIST-PATIENT:

If therapist believes patient is a threat to himself or others
Court-appointed therapists
Patient is child under 16 and therapist thinks they've been a victim of a crime and disclosure would be in their best interest

Front 8

CA Privileges -- Spousal Immunity

(TESTIMONIAL)
(4)

Back 8

1) CIVIL AND CRIMINAL
2) applies to ANYTHING
3) Requires legally valid marriage
4) DOES NOT APPLY in crimes against spouse or their children

Front 9

CA Privileges --
Confidential Marital Communications

(CONFIDENTIAL)
(3)

Back 9

1) Civil and criminal cases
2) applies to conf comm during marriage
3) Requires legally valid marriage
4) DOES NOT APPLY in crimes against spouse or their children

Front 10

CA Privileges -- Government

Back 10

1) Federal or state law prohibits disclosure

2) Judge decides confidentiality best serves public interest

Front 11

CA Privileges -- CA specific
(3)

Back 11

1) Privilege for confidential communications between counselor and sexual assault victim
2) Penitent-clergy communications (person who normally gets such info and their religion requires they be kept confidential) -- both penitent and cleric hold privilege
3) Immunity for contempt of court for news reporter who refuses to disclose sources

Front 12

CA Judicial Notice

Back 12

Notorious fact --> court must take judicial notice, whether requested or not

Manifest fact --> Court must take

Front 13

CA Judicial Notice -- Jury Instructions

Back 13

CIVIL AND CRIMINAL -- Jury must accept judicially noticed facts in both civil and criminal cases (raises Sixth Amendment issue)

Front 14

Motion to Strike
(Distinguished from Federal)

Back 14

FED:
Can only be brought by examining counsel

CA:
Can be brought by any counsel