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Can a REDACTED document/exhibit be entered into evidence at a Workers' Comp trial court? Or, at a Civil court?
Anonymous5 views3 answers
The defense team attempted a REDACTED document to be entered into evidence despite the objections made. They REDACTED a Plaintiff's/Applicant's answer to a question asked during Applicant's/Plaintiff's deposition and presented a small portion of it (not the entire answer) as exhibit.
If so, would such attempt be in violation of the Rules of Evidence governing WCAB, Workers' Comp or Civil trial courts?
Because it is a REDACTED document, does it bear any legal value or weight?
Can the judgement or deliberation be MERELY based on such REDACTED document?
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All responses which are indicative the substance of the questions have been well understood and deliberated from those who actually have had actual trial experience in WC court and/or civil court WILL BE HIGHLY REGARDED
Yes, a redacted document can be admitted into evidence, but it depends on why the redaction was made. Usually redactions are made to remove material that is not admissible for some reason from a document that is otherwise admissible. Your lawyer should be able to explain why the redaction was made.
cott Douglas SilbermanWorkers' Compensation LawyerSanta Ana, CA ·
I agree that a redacted document can be admitted. Of course, the judge must consider the weight of the evidence, and it may not carry the same weight. Also, you could argue to admit the full answer, if you feel that is a better indication of the correct answer. I judge would likely entertain such an argument.
It's important to keep in mind that the rules of evidence (the California Evidence Code) are not strictly applied in workers' compensation cases. For example, the judge may allow hearsay evidence during a workers' compensation trial. The other part of your question appears to be an issue of context. A party who presents a portion of deposition testimony out of context, will give his/her opponent an opportunity to have other portions of the transcript received into evidence in order to place the statement into it's proper context.
