Evidence--bench trial v jury trial

[mtpockets]

What is the name of your state? CA

My questions specifically relate to the admissibility of evidence in a bench trial.

Is it necessary or even advisable to object to the admission of evidence in a bench trial?

Can you assume that the judge will give little or no weight to evidence that is unreliable (e.g., hearsay evidence, no known exceptions)?What is the name of your state?

 

[BelizeBreeze]

good question. Hold all evidence you or the other party plans on introducing, along with a complete psychological and background makeup of the judge up to the monitor so we can give you a good guess.

 

[mtpockets]

rephrasing question

In our county, there are standing rules relating to the admissibility of certain types of evidence that is never admissible. The court will not entertain any motions, etc. regarding these types of issues because it would be a waste of time.

I also know (from experience) that the court will now allow the opposition to challenge the qualifications of an expert in a bench trial, as that would be a waste of time.

So, I am asking whether objections in a bench trial are a superfluous waste of time. Although a judge might give little or no evidentiary weight to evidence that appears to be unreliable, you are obviously better off if (s)he never sees or hears it.

Related question: if a judge in a bench trial admits testimony that is clearly inadmissible, is the judge at fault for admitting it, or is the attorney at fault for failing to object? (I am talking about forged documents.)

 

[BelizeBreeze]

and the answer is the same.

you really can't expect strangers on the internet, especially those with a legal responsibility, to know if something is or is not germain or admissible or right in a particular court or with a particular judge.
If you want a more valid answer, you need to ask YOUR attorney who has practiced in that court and before that judge. And even then, the answer will be qualified with "this is what I think will happen..."

 

[mtpockets]

one more time

I am not asking whether the evidence is admissible. I am asking whether my attorney should object if he believes that it is not admissible. It was a bench trial in California, if that makes a difference.

 

[Rexlan]

YES ... always object as that cost nothing and raises an issue. Nothing wrong with objecting.

 

[mtpockets]

Thank you, Rexlan.

That's what I thought, but I wanted to make sure.