- Witness testimony
- Depositions
- Evidence collection
- Discovery
- Subpoenas
- Chain of custody
- Digital evidence
- Exculpatory evidence
Witness Testimony
Witnesses may provide testimony through:Sworn Deposition
Testimony provided outside the courtroom under oath and through an authorized procedure.
Trial Testimony
Testimony given directly before the presiding Judge during a court proceeding.
Sworn Depositions
A deposition allows a witness to provide testimony outside of the courtroom. Depositions must be:- Given under oath
- Properly recorded
- Conducted through authorized court procedures
- Available for use in the applicable case
Trial Examination Order
1
Direct Examination
The party who called the witness questions them first.
2
Cross-Examination
The opposing party is given an opportunity to question the witness.
3
Redirect Examination
The original party may ask additional questions concerning matters raised during cross-examination.
Recross-examination is not currently permitted.
Recalling a Witness
Either party may request permission to recall a witness after their initial testimony has concluded. Witness recall is not automatic. The presiding Judge must approve the request.Perjury
Witnesses are required to provide truthful testimony while under oath. Knowingly providing false testimony may result in: Perjury — FelonyDisagreement, mistaken memory, or conflicting testimony does not automatically establish perjury. The false statement must have been knowingly provided.
Fifth Amendment Protection
A witness may invoke their Fifth Amendment protection and refuse to provide testimony that may incriminate them. Under current San Andreas procedure, if a witness pleads the Fifth after already providing testimony, all prior testimony from that witness will be:- Struck from the record
- Excluded from consideration
- Prohibited from use in the case
Evidence Collection
Evidence presented to the court must be obtained through lawful and recognized procedures. This includes compliance with requirements involving:- Search warrants
- Probable cause
- Lawful searches and seizures
- Evidence handling
- Chain of custody
Fruit of the Poisonous Tree
Evidence resulting from an unlawful search, seizure, or other illegal conduct may be considered tainted evidence. When evidence is determined to have been unlawfully obtained, the court may suppress:- The original evidence
- Additional evidence discovered because of it
Challenging Evidence
Questions about whether evidence should be admitted or suppressed are generally handled during the pre-trial phase. The presiding Judge determines whether challenged evidence may be used. If evidence is suppressed, it may not be presented or relied upon except as permitted by the court’s ruling.Law-Enforcement Misconduct
Law-enforcement personnel who knowingly submit unlawfully obtained or tainted evidence may face additional consequences. Depending on the circumstances, this may include:- Department discipline
- DOJ action
- Criminal charges
Chain of Custody
Physical and digital evidence should maintain a reasonable chain of custody. The chain of custody establishes:- Who collected the evidence
- Who handled it
- Where it was stored
- When it changed possession
- Whether its integrity was maintained
The purpose is to give the court reasonable confidence that the evidence presented is the same evidence originally collected.
Discovery
Before trial, both sides are expected to disclose evidence and witnesses they intend to use. Discovery may include:- Intended evidence
- Witness lists
- Relevant filings
- Other materials required by court procedure
- Court sanctions
- Exclusion of evidence
- Contempt proceedings
- Mistrial
- Other appropriate judicial action
Filings, Settlements & Case Law
Review the broader filing, motion, discovery, settlement, and appeal process.
Exculpatory Evidence
The prosecution must disclose exculpatory evidence. Exculpatory evidence is information that may:- Favor the defense
- Weaken the prosecution’s case
- Support an alternative explanation
- Otherwise materially assist the defendant
- Sanctions
- Exclusion of evidence
- Other court action
- Dismissal of charges when appropriate
Subpoenas
A subpoena is a court-approved order requiring a person to provide evidence or appear and testify. Subpoenas require judicial approval before service.Subpoena Duces Tecum
Subpoena Duces Tecum
Requires a person or organization to produce specified:
- Documents
- Records
- Physical evidence
- Other requested materials
Subpoena Ad Testificandum
Subpoena Ad Testificandum
Requires an individual to appear and provide testimony.
Subpoena Approval
A subpoena must be approved by an authorized Judge before it is served. Attempting to create or serve an unauthorized subpoena may result in serious consequences. If intentionally fraudulent or abusive, the conduct may result in:- Felony Fraud
- Contempt of Court
Failure to Comply
Ignoring a valid subpoena does not automatically result in punishment without review. The requesting party may file a: Motion to Show Cause The court may then require the person to explain the failure to comply. If no valid explanation is provided, the court may pursue Contempt of Court or another appropriate remedy.Scheduling Subpoenaed Witnesses
When testimony is required through subpoena, proceedings should be scheduled at a time that reasonably accommodates:- The court
- Both parties
- Legal counsel
- The subpoenaed witness
Expert Witnesses
Expert witnesses may be used when specialized knowledge is relevant to a case. Before giving expert testimony:- The witness’s qualifications must be filed with the court.
- The Judge reviews those qualifications.
- The court accepts the person as an expert.
Court Positions & Responsibilities
Review the role and limitations of expert witnesses and other courtroom participants.
Witness Protection & Intimidation
Witnesses must be able to participate in the legal process without improper interference. It is a felony to:- Intimidate a witness
- Bribe a witness
- Threaten a witness
- Harm a witness for their involvement in a case
- Sealed testimony
- Restricted information
- Other court-approved protective measures
Digital Evidence
Digital material may be introduced when it can be reasonably verified as authentic. Digital evidence may include:- Screenshots
- Video recordings
- Audio recordings
- Digital logs
- Other electronic records
Evidence Is About Fairness
Was It Obtained Lawfully?
Evidence should come from lawful and recognized investigative procedures.
Can We Trust It?
The court should have reasonable confidence in authenticity and chain of custody.
Did Both Sides See It?
Discovery should give both parties a fair opportunity to review evidence.
Can Testimony Be Challenged?
Witness testimony should be subject to proper examination and court procedure.
