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Does the California Evidence Code apply in Federal Court (i.e., in another State)?

Miami, FL |
Filed under: Litigation

Is a letter written under the California Evidence Code (i.e., 1119, 1152, & et seq) inadmissible in another State (i.e., Federal Court)?

Attorney Answers 4

  1. The Federal Courts have their own rules of evidence.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  2. Is this a law school question or is this a pending case? Federal courts have their own Federal Rules of Evidence to follow. Each state has their own evidence code usually delineated in statutory form. I am not sure what you are trying to do or ask. If this is a case in which you are pro se, you could post more facts for a specific answer.

    The hiring of an attorney is an important decision that you should undertake with careful considerations. The use of Avvo, Inc.'s question and answer forum is only to provide general information and in no way forms an attorney-client relationship between the you and the attorney answering your question.

  3. Not sure what the question is exactly. State rules of evidence do not apply in federal court. If you are asking can a piece of evidence that was used in a state court proceeding be used in federal court, the answer is - maybe.

  4. The question does not make any sense. Every state has its own rules of evidence, as does the federal court. They are all probably somewhat different, but essentially the same. So, why would it matter? Is there a subtle difference in the definition of "hearsay"?

    I suppose if the case arose in California, and something in the rules of evidence was considered substantive, not procedural and the rules of decision incorporated the substantive portion of that code, because the case was originally filed in California - the federal court would apply that substantive section.

    I guess if the rules were attached as a document for some other purpose, they would be admissible, but not to apply them, just to read them. Such as a malpractice claim based on California procedure.

    But, my guessing machine is out of ideas. So, maybe you could post some facts and get a better answer?

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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