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California Code Of Civil Procedure Section 97

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 97

(a) Except as provided in this section, upon objection of a
party who served a request in compliance with Section 96, no party
required to serve a responding statement may call a witness or
introduce evidence, except for purposes of impeachment, against the
objecting party unless the witness or evidence was included in the
statement served.
   (b) The exceptions to subdivision (a) are:
   (1) A person who, in his or her individual capacity, is a party to
the litigation and who calls himself or herself as a witness.
   (2) An adverse party.
   (3) Witnesses and evidence used solely for purposes of
impeachment.
   (4)  Documents obtained by discovery authorized by this chapter.
   (5) The court may, upon such terms as may be just (including, but
not limited  to, continuing the trial for a reasonable period of time
and awarding costs and litigation expenses), permit a party to call
a witness or introduce evidence which is required to be, but is not
included in such party's statement so long as the court finds that
such party has made a good faith effort to comply with subdivision
(c) of Section 96 or that the failure to comply was the result of his
or her mistake, inadvertence, surprise or excusable neglect as
provided in Section 473.
   (c) Nothing in this article limits the introduction of evidence in
any hearing pursuant to Section 585.

Last modified: January 12, 2009