Can evidence of anything said, nor any writing, be discoverable or admissible in any arbitration, or other non-criminal proceeding?

California, United States of America


The following excerpt is from Kim v. Lim, Ruger & Kim, B240378, B243162 (Cal. App. 2014):

'evidence of anything said,' nor any 'writing,' is discoverable or admissible 'in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which . . . testimony can be compelled to be given,' if the statement was made, or the writing was prepared, "for the purpose of, in the course of, or pursuant to, a mediation . . . .' (Evid. Code, 1119, subds. (a), (b).) 'All communications, negotiations, or settlement discussions by and between participants in the course of a mediation . . . shall remain confidential.' (Id., subd. (c).) We have repeatedly said that these confidentiality provisions are clear and absolute. Except in rare circumstances, they must be strictly applied and do not permit judicially crafted exceptions or limitations, even where competing public policies may be affected. [Citations.]" (Cassel v. Superior Court (2011) 51 Cal.4th 113, 117, fn. omitted.)

Other Questions


Does a common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial? (California, United States of America)
What is relevant evidence in a civil case and what is the test for admissible evidence? (California, United States of America)
Is evidence of gang membership admissible in criminal proceedings? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
What are some of the rulings on the admissibility of evidence in cases involving abuse of evidence? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for admissible hearsay evidence in criminal proceedings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.