In California law, conditional admission of testimony refers to the acceptance of a witness’s testimony in court, subject to a condition that it will only be fully admitted if certain criteria or requirements are met. This typically occurs when a party seeks to introduce testimony or evidence that may not meet all the formal legal requirements for admissibility, but the court allows it on a provisional basis, pending the resolution of certain issues or a future showing of compliance with the rules of evidence.
Under California Evidence Code Section 403, the trial court has the discretion to admit evidence conditionally. This may occur when the offering party presents testimony or evidence that may need further corroboration, authentication, or foundation before it can be fully admitted. The judge may allow the evidence to be presented with the understanding that its admissibility will be reconsidered at a later time, or once the necessary foundational requirements are established. This can also apply to situations where a party introduces a statement or piece of evidence that is contested or challenged, but the court permits its conditional use for the moment, subject to further review or proof.
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