Under which court rules a section of answer, not the whole answer, can be allowed to enter as evidence in a Civil or WCAB court?

Asked over 1 year ago - San Jose, CA

For the sake of brevity and argument let's ASSUME Plaintiff's answer to a question asked during deposition was:
"Today is raining but for the last two weeks there has been no cloud in the sky. Or, as another example, let's assume the answer was:
" Main habitats of Whales are the Oceans and Seas, but they are actually mammals."
Portion of the answer, based on a motion filed by Defendants, hastily was entered as evidence by a WC ALJ at trial just to portray or conclude that: "Yesterday was raining, too!" , or, "Whales are fish!".
Petitions/motions filed by injured employee for the entire answers to be taken as exhibits were denied.
Is NOT an extreme display of BIAS and Prejudice? Some may consider these as hypothetical(s), but they are actually according to proof.

Additional information

Even an "If that ,,.. then this ... " syntax used to answer the question will be helpful. Questioning the question or the *Asker* will NOT! The defense attorney has already proved his talents in using offensive and insulting language justified as a notion of loyalty to his clients.

Attorney answers (2)

  1. Charles Richard Perry


    Contributor Level 16


    Lawyers agree

    Answered . An error can simply be no more than an error made by an all too human judge. An error is not evidence of bias or prejudice, without a whole lot more proof than that.

  2. Alan James Brinkmeier

    Contributor Level 20


    Lawyer agrees

    Answered . Make sure as a matter of FACT that the whole answer is put into evidence. To preserve appeal rights the record must be complete.

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