CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Judge/Arbit. As Witness
.........Present Proceeding
7 Cards On This Topic:
  • If judge is going to testify in pending matter, judge must, out of presence of jury, inform parties of subject of testimony.
  • Upon objection, judge may not testify in matter s/he presides over, and must declare mistrial.
  • By calling judge presiding over matter to testify, party consents to mistrial. Objection deemed motion for mistrial.
  • Absent objection by party, judge presiding at trial of action may testify in that trial as witness.
  • Judge presiding at trial is not competent as witness.
  • If judge calls self to testify in matter pending before his/her court, judge must still inform parties before testifying of substance of impending testimony.
  • By calling judge presiding over matter as witness, party waives right to have judge disqualify self once judge completes his/her testimony.