A hearing held outside the presence of the jury to determine the admissibility of evidence. Named after Section 402 of the California Evidence Code. The judge hears arguments from both sides and rules on whether the jury may consider the evidence.
A warning or instruction from the judge to the jury. Common admonitions include instructions not to discuss the case, not to read media coverage, and to disregard stricken testimony.
A private discussion between the attorneys and the judge at the bench, outside the hearing of the jury. Also called a sidebar. Typically initiated when an attorney needs to raise an issue that the jury should not hear.
The standard of proof required for a criminal conviction. The prosecution must prove each element of the crime to such a degree that a reasonable person would have no reasonable doubt as to the defendant's guilt. A higher standard than preponderance of the evidence used in civil cases.
Evidence favorable to the defense that the prosecution is constitutionally required to disclose. Named after Brady v. Maryland (1963). Includes exculpatory evidence and information that could impeach prosecution witnesses.
The documented trail showing the seizure, custody, control, transfer, analysis, and disposition of physical evidence. Each person who handles the evidence must be accounted for to establish that it was not tampered with or contaminated.
The judge's private office, adjacent to the courtroom. In-chambers conferences are held off the record or on a separate record, away from the jury and public. Used for sensitive matters or extended legal arguments.
Evidence that requires an inference to connect it to a conclusion of fact. Distinguished from direct evidence, which directly proves a fact. A wet umbrella inside is circumstantial evidence that it is raining outside. Legally, circumstantial evidence carries the same weight as direct evidence.
Final statements by each side summarizing the evidence and arguing how it supports their case. Not evidence itself. The prosecution argues first, the defense responds, and the prosecution may offer a rebuttal.
A postponement of a court proceeding to a later date. May be requested by either side or ordered by the court. Granted for various reasons including the need for additional preparation, unavailability of witnesses, or scheduling conflicts.
Questioning of a witness by the opposing party after direct examination. Generally limited to the scope of direct examination. Leading questions are permitted on cross-examination.
The person accused of a crime in a criminal case, or the person being sued in a civil case. The defendant is presumed innocent until proven guilty in criminal proceedings.
Evidence created for trial to illustrate or explain other evidence, such as charts, diagrams, models, or photographs. Distinguished from real evidence, which is the actual item involved in the case.
Sworn testimony taken outside of court, typically in an attorney's office, recorded by a court reporter. Used in the discovery phase to gather information and preserve testimony. Deposition testimony can be used at trial to impeach a witness or if the witness is unavailable.
Evidence that directly proves a fact without requiring any inference. Eyewitness testimony that someone committed a crime is direct evidence. Contrasted with circumstantial evidence.
The initial questioning of a witness by the party that called them to testify. Leading questions are generally not permitted on direct examination. The purpose is to present the witness's testimony in a clear narrative.
The pre-trial process by which each party obtains evidence and information from the opposing party. Includes depositions, interrogatories, requests for documents, and requests for admissions. Both sides are required to share relevant evidence.
A document, photograph, object, or other item of evidence formally introduced and admitted at trial. Each exhibit is assigned a number or letter for identification. Exhibits marked "for identification" have been shown to the court but not yet admitted into evidence.
A witness qualified by knowledge, skill, experience, training, or education to provide opinion testimony in their area of expertise. Must be qualified by the court before offering opinions. Distinguished from lay witnesses, who may only testify to facts they personally observed.
The preliminary evidence required before certain testimony or exhibits can be admitted. Establishes that evidence is what it purports to be. For example, a witness must be shown to have personal knowledge of events before testifying about them, or a chain of custody must be established for physical evidence.
A body of citizens that reviews evidence presented by the prosecution to determine whether there is probable cause to charge someone with a crime. Grand jury proceedings are secret and the defendant has no right to present evidence or cross-examine witnesses.
An out-of-court statement offered in court to prove the truth of the matter asserted. Generally inadmissible because the person who made the statement is not available for cross-examination. Subject to numerous exceptions, including excited utterances, business records, dying declarations, and statements against interest.
A witness who is antagonistic or uncooperative to the party that called them. When a judge declares a witness hostile, the calling party may use leading questions on direct examination, which is normally only permitted on cross-examination.
To challenge the credibility of a witness. Methods include showing prior inconsistent statements, demonstrating bias or motive to lie, revealing a criminal record, or contradicting the witness's testimony with other evidence.
Latin for "at the threshold." See Motion in Limine.
Directions given by the judge to the jury before deliberation explaining the applicable law, the elements of each charge, the burden of proof, and how to evaluate evidence. Both sides may propose specific instructions for the judge to consider.
A non-expert witness who testifies based on personal knowledge and observation. May offer opinions only if they are rationally based on the witness's perception and helpful to understanding their testimony. Cannot offer expert opinions.
A question that suggests the desired answer. Example: "You were at the house that night, weren't you?" Generally prohibited on direct examination but permitted on cross-examination.
A trial that is terminated and declared void before a verdict is reached. May result from juror misconduct, a fundamental error that cannot be corrected, a hung jury, or other circumstances that prevent a fair trial. A new trial may be held afterward.
A formal request made to the court for a specific ruling or order. May be made orally in court or in writing. Common motions include motions to suppress evidence, motions for continuance, and motions for mistrial.
A pre-trial motion asking the court to rule on the admissibility of evidence before it is presented to the jury. Used to prevent prejudicial evidence from being mentioned in front of the jury. The judge may grant, deny, or defer ruling until trial.
A request to exclude evidence from trial on the grounds that it was obtained in violation of the defendant's constitutional rights, such as through an illegal search or seizure.
A formal protest raised by an attorney during trial challenging a question, answer, or piece of evidence as improper under the rules of evidence. The judge rules "sustained" (agreeing with the objection) or "overruled" (rejecting it). Common grounds include hearsay, relevance, leading, speculation, and lack of foundation.
The initial presentation by each attorney at the start of trial outlining the evidence they expect to present. Not evidence itself. The prosecution presents first, followed by the defense. The defense may reserve their opening until the start of their case.
The judge's ruling rejecting an objection. The question, testimony, or evidence that was objected to is allowed. Opposite of sustained.
The party who initiates a civil lawsuit. In criminal cases, the equivalent is the prosecution (the People or the State). The plaintiff bears the burden of proof.
A hearing held before trial to determine whether there is sufficient evidence (probable cause) to hold the defendant for trial. The prosecution presents evidence and the defense may cross-examine witnesses. A lower standard of proof than trial. An alternative to grand jury indictment.
The standard of proof in civil cases. The plaintiff must show that their version of events is more likely true than not — sometimes described as "more than 50%." A lower standard than the criminal standard of beyond a reasonable doubt.
A previous statement made by a witness that contradicts their current testimony. Used to impeach the witness's credibility. The witness must be given an opportunity to explain the inconsistency.
An offer of proof. When evidence is excluded, the attorney may make a proffer — describing what the evidence would have shown — to preserve the issue for appeal. Also used to preview expected testimony for the judge outside the jury's presence.
The government attorney or attorneys who bring criminal charges and present the case against the defendant. In California state court, the prosecution is referred to as "the People." Bears the burden of proving guilt beyond a reasonable doubt.
A second round of cross-examination following redirect examination. Limited to matters raised during redirect. Permitted at the court's discretion.
Questioning of a witness by the calling party after cross-examination. Limited to matters raised during cross-examination. Used to clarify or rehabilitate testimony that was challenged on cross.
Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. All relevant evidence is generally admissible unless excluded by a specific rule. Relevant evidence may still be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.
To isolate jurors from outside contact during a trial to prevent exposure to media coverage or other influences. Sequestered jurors are housed in a hotel and their access to news, phone calls, and visitors is restricted.
A conference at the judge's bench between the attorneys and the judge, conducted outside the hearing of the jury. Used to discuss legal issues, objections, or procedural matters that the jury should not hear. A white noise machine may be used to mask the conversation.
A formal agreement between opposing parties on a fact or procedure. When parties stipulate to a fact, it is accepted as true without requiring proof. Saves trial time by eliminating the need to present evidence on undisputed matters.
Testimony or evidence that the judge orders removed from the record. The jury is instructed to disregard stricken testimony. Typically occurs when a witness provides an improper answer or when evidence is ruled inadmissible after being presented.
A court order requiring a person to appear in court to testify or produce documents. A subpoena duces tecum specifically requires the production of documents or records. Failure to comply may result in contempt of court.
The judge's ruling upholding an objection. The question must be rephrased or withdrawn, and any answer given may be stricken from the record. Opposite of overruled.
The process of questioning prospective jurors to determine their suitability to serve. Attorneys may challenge jurors "for cause" (demonstrating bias or inability to be impartial) or use a limited number of peremptory challenges (removing jurors without stating a reason).
Preliminary examination of a witness to determine the admissibility of their testimony. Most commonly used to establish an expert witness's qualifications before they offer opinion testimony. Conducted outside the normal flow of direct examination.