CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Refusal to Answer
3 Cards On This Topic:
  • D's direct exam testimony may be stricken when he refuses to answer questions on cross examination.
  • If court determines in advance that witness will refuse to answer key questions on cross-exam, court may decline to admit testimony in first instance.
  • No abuse of discretion for the trial ct. to strike D's entire direct testimony from the record where D refused to submit to any cross-examination and D's rationale for refusal was frivolous.