📄 Witness dismissal — Tuesday, December 10, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\10\WITNESS-DISMISSAL.DOC
TRIAL
▲ Day 29 of 57

Witness dismissal

Date: Tuesday, December 10, 1996 • Utterances: 6
Defense counsel Robert Blasier called Andrea Mazzola as a witness under California Evidence Code section 776 (or 767), which allows calling adverse witnesses. Plaintiffs' counsel Daniel Petrocelli objected to both statutory bases cited, but Judge Fujisaki overruled before immediately calling counsel to a sidebar conference.
1 MR. BLASIER:

Your Honor, under 776 we call Andrea Mazzola.

KEY QUOTE
2 MR. PETROCELLI:

Object to 776.

3 MR. BAKER:

767.

4 MR. PETROCELLI:

Object to that also.

5 THE COURT:

Overruled.

Wait a minute. Approach the bench a minute.

6 (The following proceedings were held at the bench with the reporter:)

Temperature

procedural

Key Quotes (3)

Robert Blasier
Your Honor, under 776 we call Andrea Mazzola.
Defense invokes adverse witness statute to call a prosecution-side criminalist
Daniel Petrocelli
Object to 776.
Plaintiff challenges the statutory basis for calling Mazzola as an adverse witness
Hiroshi Fujisaki
Overruled. Wait a minute. Approach the bench a minute.
Judge overrules but immediately pulls counsel for an unrecorded sidebar, suggesting a procedural complication

Notable Exchanges (1)

Robert BlasierRobert BakerDaniel Petrocelli
Defense cited section 776, then Baker corrected to 767; Petrocelli objected to both. The competing statute numbers suggest a dispute over whether Mazzola qualifies as an adverse or hostile witness.
procedural

Objections

2 objections (0 sustained, 1 overruled)
Proceeding 8574 • 6 utterances
Civil Trial
Department 103
⚖️ Start
📂 DEC 10, 1996 📄 Witness dismissal
DEC 10, 1996 KRT DvH TD