Can a lay person object to the admission of evidence in a small claims action?

California, United States of America


The following excerpt is from Houghtaling v. Superior Court, 17 Cal.App.4th 1128, 21 Cal.Rptr.2d 855 (Cal. App. 1993):

Second, particularly given the informality of small claims actions, there is no reason a lay person cannot adequately object to the admission of such evidence on the practical grounds noted above, regardless of his or her awareness of a possible objection on the formal ground of "hearsay." (See, e.g., People v. Bob (1946) 29 Cal.2d 321, 324-325, 175 P.2d 12, in which the court held that an attorney's objection that the declarant should be produced in person so that the trier of fact could consider his credibility, and that the declarant's written statement was "secondary evidence," was sufficient to raise a hearsay objection.)

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