Provisions Relating to Trials in GeneralView by Trier of Fact

Section § 651

Explanation

This law allows a court to take a field trip to see a location or object involved in a case if it will help in making a decision. The court can decide on its own or if someone in the case requests it. They can visit places like the property in dispute, where events happened, or anything that can't be easily brought into the courtroom for viewing. Everyone involved, including the judge, jury, and necessary officials, must go together, and the visit is treated like a regular court session, with the possibility for witness testimony that will be recorded just like in the courtroom.

(a)CA Civil Procedure Code § 651(a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following:
(1)CA Civil Procedure Code § 651(a)(1) The property which is the subject of litigation.
(2)CA Civil Procedure Code § 651(a)(2) The place where any relevant event occurred.
(3)CA Civil Procedure Code § 651(a)(3) Any object, demonstration, or experiment, a view of which is relevant and admissible in evidence in the case and which cannot with reasonable convenience be viewed in the courtroom.
(b)CA Civil Procedure Code § 651(b) On such occasion, the entire court, including the judge, jury, if any, court reporter, if any, and any necessary officers, shall proceed to the place, property, object, demonstration, or experiment to be viewed. The court shall be in session throughout the view. At the view, the court may permit testimony of witnesses. The proceedings at the view shall be recorded to the same extent as the proceedings in the courtroom.
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