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  1. #1
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    Question When Can a Judge Reject Evidence

    My question involves court procedures for the state of: CA

    I am preparing for an appeal. After doing some research about rules of evidence, I have learned that: "Federal Rule of Evidence 402 states, in part, "All relevant evidence is admissible, except as otherwise provided."" In addition to that, I have learned that: when a party makes an objection regarding the admissibility of the evidence being offered by the other party, the judge should sustain or overrule the objection.

    Here is the situation: In a Family Law case, both parties appeared pro se. During the hearing, the plaintiff presented one (and only) evidence for the court. It is in an audio recording in different language and no translator was present at the time. The defendant made an objection about the sufficiency of the evidence being offered. The judge stated he does not understand the language but gave the plaintiff an opportunity to present the evidence if he wants to. During the defendant's turn, the defendant offered to present his last evidence: a similar relevant recording which is also in a different language (same language as the plaintiff's evidence). The plaintiff did not make any objections. But because the evidence is also in a different language , the judge informally refused to hear the evidence. By the end of hearing, the judge ruled to the plaintiff's favor.

    To my understanding, (1) the judge's refusal to hear the relevant evidence offered when there is no objection is a violation of the rules. I also think that (2) the court erred in admitting an evidence in a language that the judge does not understand. And lastly, I think (3) the court erred by not giving a fair trial by allowing one party to present an evidence in a different language and refusing to hear the other party's similar evidence.

    Please help me find concrete information (case laws, statutes, rules) that I can cite to support my appeal. I would appreciate any input. Thank you.

  2. #2
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    First of all, this is a family law matter in a CA court, not a federal court so the federal rules of evidence do not apply. You would need to read the CA rules of evidence which can be found at:

    http://www.courts.ca.gov/rules.htm

    Second, if you need strangers on the internet to find case law for you, you are in way over your head and can count on losing on appeal just for not getting it technically right, never mind whether you even have good grounds for an appeal.

    I suggest you hire an attorney to do this for you.

  3. #3
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    (1) the judge's refusal to hear the relevant evidence offered when there is no objection is a violation of the rules. I also think that


    a court determines the admissibility of evidence. An objection by the opposing party raises they point of argument, in other words: they want the court to review the evidence in light of what the objection is based upon. That does not alter what a court does anyway which is to weigh the admissibility of the evidence presented, regardless what anybody else says.


    (2) the court erred in admitting an evidence in a language that the judge does not understand.
    and why is that a problem? How can a court determine the relevance of the evidence submitted if they do not understand what is being said? A court can refuse to allow evidence unless the courts deems it relevant to the case at hand.


    (3) the court erred by not giving a fair trial by allowing one party to present an evidence in a different language and refusing to hear the other party's similar evidence.
    possibly but there was apparently something different between the two submissions. You were there. I wasn't.


    can you explain this:


    the judge informally refused to hear the evidence.
    the thing is; you presented evidence the judge could not understand so of course the judge cannot use whatever was in the recording to come to his decision.

    was the other party's evidence translated and entered?

  4. #4
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    I just made up a language, which as you can plainly see provides a definitive answer to your question: "Sdog8yerg09 igyogry9 pos8yg046 igyhoerig rygo r9yqw0r9gy ropgrp 9weryg096y3509y sfg wpryg0er9ygj eprogerp pohgp." How could you possibly disagree?

    Seriously... "Evidence" offered without translation, in a language the court cannot understand, cannot be said to have been given any probative weight. The court of appeals could assume that the evidence should have been admitted, yet find that no relief is warranted due to the fact that as the evidence (whether the original or subsequent recording) could not have been evaluated by the court it had no impact on the outcome and thus any exclusion would be harmless error without addressing the substance of the claim.

  5. #5
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    Quote Quoting adjusterjack
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    First of all, this is a family law matter in a CA court, not a federal court so the federal rules of evidence do not apply. You would need to read the CA rules of evidence which can be found at:

    http://www.courts.ca.gov/rules.htm
    Thank you. I already have that in my long list of reading materials. You are right about the difference between the federal and state rules. I also found something similar to that which is specific to CA but I cannot find the source at the moment that is why I quoted that.

    Quote Quoting adjusterjack
    View Post
    Second, if you need strangers on the internet to find case law for you, you are in way over your head and can count on losing on appeal just for not getting it technically right, never mind whether you even have good grounds for an appeal.
    I apologize for not being very clear on my previous post. I was not asking strangers to find case laws for me. I was simply asking for a little guidance regarding this small portion of my appeal because I could not find a specific answer. I have done a lot of research already regarding the greater portion of the appeal I am drafting, reading hundreds of case laws that I have printed, highlighting relevant parts of the CA Fam Code and CCP, listening to audiobooks on civil procedures, reading maxims, etc, and I am still doing it day and night.


    Quote Quoting adjusterjack
    View Post
    I suggest you hire an attorney to do this for you.
    That is what I really need. But due to the complexity of my case, I was either turned down by the lawyers that I spoke with, or quoted me an amount that is impossible for me to meet. Even the self-help centers turn me down when they realize how sensitive and complicated the situation is. But I just don't want to sit, cry, do nothing else and give up on what I am fighting for. That is the reason why I am doing everything on my own.


    Here is my plan: I will still try to look for a clear answer. But if I'm not successful, I will just leave it and not include it in the appeal.






    Quote Quoting jk
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    and why is that a problem? How can a court determine the relevance of the evidence submitted if they do not understand what is being said? A court can refuse to allow evidence unless the courts deems it relevant to the case at hand.

    possibly but there was apparently something different between the two submissions.
    Thank you for the input. I completely agree with what you said, and that is exactly the point I am trying to make. The plaintiff's evidence that was allowed to be preseted is in a different language that the court does not understand. So the court will not be able to determine its relevance. The same rationale applies to the evidence offered by defendant. Both evidences are in a different language with no translation. The only difference is: one evidence was allowed, one was refused to be heared.



    Quote Quoting jk
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    can you explain this:


    the judge informally refused to hear the evidence.
    I am still waiting for the reporter's transcripts, but if memory serves me right, the judge said "Nah.. That's ok.. I won't understand it anyway." when I offered to present the evidence.

    Quote Quoting jk
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    the thing is; you presented evidence the judge could not understand so of course the judge cannot use whatever was in the recording to come to his decision.
    No, I was not able to present the evidence. Only the plaintiff had an opportunity. And I completelty agree that the judge cannot use whatever is on the evidence presented because the judge did not understand it.

    Quote Quoting jk
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    was the other party's evidence translated and entered?
    No, it was not translated.

  6. #6
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    so, neither recording was admitted as evidence and the court ruled against you.


    The court is not required to obtain a translator or transcriptionist for the parties nor are they going to tell you that is what you have to do.. That is up to the parties to do. If you wanted your evidence to have any value, you would have had it translated and transcribed so the court knew what was being said. You didn't so your evidence had no value. Case closed.

  7. #7
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    Quote Quoting Mr. Knowitall
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    I just made up a language, which as you can plainly see provides a definitive answer to your question: "Sdog8yerg09 igyogry9 pos8yg046 igyhoerig rygo r9yqw0r9gy ropgrp 9weryg096y3509y sfg wpryg0er9ygj eprogerp pohgp." How could you possibly disagree?

    Seriously... "Evidence" offered without translation, in a language the court cannot understand, cannot be said to have been given any probative weight. The court of appeals could assume that the evidence should have been admitted, yet find that no relief is warranted due to the fact that as the evidence (whether the original or subsequent recording) could not have been evaluated by the court it had no impact on the outcome and thus any exclusion would be harmless error without addressing the substance of the claim.
    Once again, I apologize for not being clear on my first post. Come on guys, you got me all wrong. I completely agree with what all of you said, and that is exactly the point that I want to make.

    I'll break it down for simplicity's sake.

    Plaintiff's evidence: no translation, objected by the opposing party, allowed by the judge to be presented
    Defendant's evidence: no translation, not objected by the opposing party, not allowed by the judge to be presented
    Decision after the hearing: towards the plaintiff's favor

    I would like to include it in my appeal because the plaintiff's evidence IS in a language that the court cannot understand so it cannot be given any probative weight. It was objected, but still allowed by the judge to be presented.

    Thank you for all your input. It made me realize that I my narrative writing skill need a little more polishing. If I cannot make you guys see the point that I am trying to make, then how can I possibly make the panel of 3 judges see it?

  8. #8
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    Regardless of whether it was entered or not, if it was not in a language that the judge could not understand and was not translated, how the heck do you imagine that it affected the judge's decision? And if it didn't affect the judge's decision, what difference does it make?

  9. #9
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    Quote Quoting jk
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    so, neither recording was admitted as evidence and the court ruled against you.
    No. One evidence was admitted and allowed to be presented even without proper translation, and the other one was refused?
    Quote Quoting jk
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    The court is not required to obtain a translator or transcriptionist for the parties nor are they going to tell you that is what you have to do.. That is up to the parties to do. If you wanted your evidence to have any value, you would have had it translated and transcribed so the court knew what was being said.
    Agreed. That is why I filed a post trial motion for reconsideration and requested to present a NEW evidence with appropriate translation. If denied, then I will proceed with the appeal.

    Quote Quoting jk
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    You didn't so your evidence had no value.
    Agreed. That is why I argue that the plaintiff's evidence should not be given any value as well.

    - - - Updated - - -

    Quote Quoting cbg
    View Post
    Regardless of whether it was entered or not, if it was not in a language that the judge could not understand and was not translated, how the heck do you imagine that it affected the judge's decision? And if it didn't affect the judge's decision, what difference does it make?
    I have a reason to believe that it affected the judge's decision based on the fact that it was the only evidence that the plaintiff presented to prove the case. I, on the other hand presented numerous evidences to support mine.

    "Actore non probante reus absolvitur." - When the plaintiff does not prove his case, the defendant is absolved.

  10. #10
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    Default Re: Can a Judge Refuse an Evidence Being Offered

    How?

    If the judge couldn't understand it, then HOW could it have affected his decision? Give me more than, it was the only evidence presented, because that is NOT sufficient reason under the circumstances.

    Give me a reasoned explanation of how the evidence could have affected the decision of a judge who did not understand what was being said, not a conclusion that is not supported by the facts.

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