Evidence

Question 1

What are the rules on offers of proof?

Answer 1

For an offer of proof to enter as testimonial evidence the general rule is that it must be both sworn and must be stipulated as “offers of proof are subject to the same evidentiary objections as live testimony.” (Denny H. v. Superior Court (2005) 131 Cal.App.4th 1501, 1513 [33 Cal.Rptr.3d 89].). Specifically, both parties must stipulate that the offer of proof be treated as evidence. (Espinoza v. Calva (2008) 169 Cal.App.4th 1393, 1398 [87 Cal.Rptr.3d 492].). Furthermore, the witness typically must be present unless the parties stipulate otherwise. (See e.g., Denny H. 1513).

Question 2

What is “prima facie evidence?”

Answer 2

“Prima facie evidence is that ‘which suffices for the proof of a particular fact,
until contradicted and overcome by other evidence.’” (In re Raymond G. (1991) 230
Cal.App.3d 964

Question 3

Evidence Code 777?

Answer 3

(a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses.

(b) A party to the action cannot be excluded under this section.

(c) If a person other than a natural person is a party to the action, an officer or employee designated by its attorney is entitled to be present.