Is Page 24 evidence admissible in a civil case where a witness is afraid to testify because of fear of retaliation?
California, United States of America
The following excerpt is from People v. Session, E064108 (Cal. App. 2017):
"'"'Evidence a witness is afraid to testify is relevant to the credibility of that witness and is therefore admissible. [Citations.] Testimony a witness is fearful of retaliation similarly relates to that witness's credibility and is also admissible. [Citation.] It is not necessary to show threats against the witness were made by the defendant personally, or the witness's fear of retaliation is directly linked to the defendant for the
Page 24
evidence to be admissible.'"' [Citations.]" (People v. Williams (2013) 58 Cal.4th 197, 270.)
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