Legal Question in Business Law in California

Can I use discovery from one case in another

The judge just granted my motion to deny my oponent's petition to award arbitration.

Now I suspect they will sue me in Civil Limited to get what they couldn't through arbitration.

Here is my question:

1. I've found affidavits on the web from former employees of my opponent in support of another case. Limited Civil evidence rules in California allow for use of addidavits as evidence without having to bring the witness in physically. Since these were not directed at my case specifically, can I still use them ?

2. Can I enter discovery obtained from my first case (which I just won) into my second case as evidence ?

Any help will be greatly approciated.


Asked on 12/23/06, 10:15 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can I use discovery from one case in another

Whether a given piece of evidence is admissible depends on more than just what type of document it is and where it came from. Some of the most important of the other factors are: what the evidence is being offered to prove; how relevant it is to that topic; how central that topic is to the case; and how prejudicial the evidence will be to the other side.

Nothing you have said suggests there is a rule against using any of your proposed evidence in your new case, but I would need to know much more about the circumstances before I could say whether it should be admitted.

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Answered on 12/23/06, 10:29 pm


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