Attorney's BriefCase

California Evidence: Civil and Criminal

California Evidence: Civil and Criminal is the first computer-based legal research tool of its kind. It combines both civil and criminal evidence topics, related cases and related statutory materials all organized in an immediately accessible, single source. The product is indispensable for California trial attorneys and judges, many of whom will want to use the program to rule on complex evidentiary issues from the bench without recessing to review legal authorities. Our authors have selected all the leading cases -- not just up-to-date black letter law, but also all important variations as integrated by California's appellate courts.


Main Subject Index
  • Character and Reputation Evidence
  • Competency of Witnesses
  • Computer-Generated Evidence
  • Court Control of Proceedings
  • Criminal Discovery
  • Destruction/Failure to Disclose Evid.
  • Discretion to Exclude Relevant Evid.
  • Foundation Issues
  • Hearsay
  • Hearsay Except. Requiring Unavail
  • Hearsay Exceptions re Statements
  • Hearsay Exceptions re Writings
  • Judicial Notice
  • Method of Exam: Cross-Exam
  • Method of Exam: Direct Exam
  • Opinion & Scientific Evidence
  • Presumptions & Burden of Proof
  • Privileges
  • Relevance
  • Witness Credibility Evidence
  • Writings

The Authors

Hon. James A. Ardaiz
Presiding Justice, Fifth District Court of Appeal

Justice Ardaiz, serving on the Fifth Appellate District of the Court of Appeal, is a graduate of Hastings College of the Law. He was the Chief Deputy District Attorney for Fresno County and was elected to the Municipal Court, then served 4 years on the Superior Court. He was elevated to the Court of Appeal in 1987. In 1999, Justice Ardaiz was named Jurist of the Year by the Judicial Council. He is an active teacher for the Judicial College, a frequent lecturer for C.E.B., and Adjunct Professor of Evidence at San Joaquin College of Law.

Thomas A. Bogott, Esq.
Assistant District Attorney

Thomas A. Bogott has been an Assistant District Attorney for the City and County of San Francisco in the Special Operations Unit since 1985. Currently in the Insurance Fraud Unit specializing in automobile and workers’ compensation fraud, he has also dealt with investment and securities fraud, official corruption and other white collar crime. A graduate of California Western School of Law, Mr. Bogott has also served as a Senior Trial Counsel for the Department of Corporations and more recently as a Referee for Mandatory Fee Arbitration for the State Bar of California.

Hon. Ronald Coen
L.A. County Superior Court

Judge Coen is Judge of the Los Angeles County Superior Court, San Fernando Division. He is a graduate of California Western School of Law. He was a deputy district attorney for Los Angeles County for 11 years before being appointed to the Municipal Court in 1985. In 1987, he was elevated to the Superior Court. He was formerly a Certified Criminal Law Specialist and a Commissioner of the Criminal Law Advisory Commission.

Garrett C. Dailey, Esq., CFLS
Attorney at Law

Mr. Dailey is a practicing family law attorney with offices in Oakland. He is a Certified Family Law Specialist, a Fellow in the American and International Academies of Matrimonial Lawyers and a Diplomate in the American College of Family Trial Attorneys. He was awarded the Lifetime Achievement Award from the State Bar Family Law Section. He has been named one of the Top 100 Lawyers in Northern California numerous times by Super Lawyers and is listed in "The Best Lawyers in America." He is a recipient of the LACBA Brandeis, ACFLS Hall of Fame, and AAML SoCal Family Law Person of the Year awards. Emphasizing appellate practice, his published cases include: Valli, Elkins, LaMusga; Facter, Hibbard, Hill & Dittmer, Cadwell-Faso, Dellaria & Blickman, Alter, Barthold, Heiner, Pearlstein, Nicholson & Sparks, Drapeau, and Copeman.

Hon. Richard Gilbert
Placer County Superior Ct.

Now retired from the judiciary, Judge Gilbert is the former Presiding Judge, Placer County Superior Court. Judge Gilbert is a graduate of U.C., Davis, School of Law. He was elected District Attorney of Yolo County in 1978, at the age of 30. Four years later, he was appointed to the Placer County Superior Court from which he retired in 1991 to join the legal department of Occupational Urgent Health Care Systems, Inc. of Sacramento.

Hon. John Kennedy, Jr.
San Bernardino Superior Ct.

Judge Kennedy is Supervising Judge, Family Law Dept., San Bernardino Superior Court. He is a graduate of Stanford Law School. He has been extremely active in judicial education, in particular in the Judicial College, where he is the current Dean. Judge Kennedy has taught Evidence to numerous groups, including the American Academy of Judicial Education of Washington, D.C. and to the Hawaii Judiciary.

Lane Liroff, Esq.
Deputy District Attorney

Deputy District Attorney for Santa Clara County. Mr. Liroff is a graduate of U.C. Berkeley and Southwestern University School of Law. He has been a Deputy District Attorney for Santa Clara County since 1979 and has been assigned to homicide prosecutions since 1985. He is on the faculty of Lincoln University School of Law, where he teaches Evidence. He was named "Outstanding Professor" in 1990. He has contributed to three C.E.B. works on criminal law as an author, editor, and consultant.

Hon. Robert Polis
Orange County Superior Ct.

Judge of the Orange County Superior Court, Judge Polis is a graduate of USC Law School. He was a Deputy Attorney General and then in private practice. He has been a judicial officer since 1975 and was appointed to the Superior Court in 1983. His assignments in Superior Court have included criminal trial, general trial, law and motion, and adoption and abandonment. He is well known for his teaching activities to both the Bench and Bar.

Jerry P. Coleman, Esq.
Assistant District Attorney

An Assistant District Attorney for the City and County of San Francisco since 1979, Mr. Coleman has held numerous positions in that office, including Director of Training and Head Attorney of the Special Prosecutions Unit. His current duties include roles as Advisor to the County Criminal Grand Jury and Legislative Liaison. A graduate of Stanford University and U.C. Davis School of Law, Mr. Coleman has published extensively in the criminal justice field and was awarded "Lecturer of Merit" by the National College of District Attorneys, where he is a member of the Faculty.