Actions Relating to Groundwater RightsWritten Testimony

Section § 844

Explanation

This law allows courts to have witnesses in a big legal case provide their statements in writing instead of coming in person to testify. These written statements can include expert opinions and documents proof. The court can say that these written statements are all that's needed and might even have witnesses list their qualifications. The written testimony must be shared with everyone at least 21 days before the trial, and any response to it needs to be shared on the first day of trial. As long as the written testimony could have been spoken out loud and the witness is available for questioning, the court will accept it as evidence.

(a)CA Civil Procedure Code § 844(a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of presenting live testimony. The required written testimony may include, but is not limited to, expert witness opinions and testimony that authenticates documentary evidence. The court may order that the written testimony constitutes the entirety of the witness’s direct testimony, require the written testimony to include any exhibits offered in support of the written testimony, and, in the case of written testimony of an expert witness, require a statement of the witness’s qualifications.
(b)CA Civil Procedure Code § 844(b) If the court requires the submission of written testimony pursuant to subdivision (a), a complete copy of the direct testimony shall be served at least 21 days before trial. A complete copy of any rebuttal testimony shall be served no later than the first day of trial.
(c)CA Civil Procedure Code § 844(c) If the contents of the written testimony would have been admissible if the witness testified orally, the written testimony shall be received by the court as a documentary exhibit if the witness whose written testimony is being offered is made available for cross-examination by all parties.
written testimony affidavits declarations ...