CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Right to Cross-Exam Witnesses
6 Cards On This Topic:

Confrontation Clause provides two types of protections for a criminal defendant: right physically to face those who testify against him, and right to conduct cross-examination.

Trial ct. did not violate D's due process rights when it ruled inadmissible D's unsworn videotaped witness interviews due to unreliability of witness' statements and unavailability for cross-examination.

In college administrative review hearing arising out of allegations of sexual misconduct, alleged victim not appearing in person or by electronic means deprived accused of fair hearing.

Labor Code permits party to call any W disclosed by either party at mand. SC; parties in civil actions, incl. admin. hearings, have due process right to cross-examine and confront Ws.

Remedy for denial of right to cross-examine other party's witness: Strike his/her direct testimony.

General rule excluding hearsay based on principle that party has right to confront witnesses against him/her.