Can you cross-examine a witness using an UNVERIFIED civil lawsuit ? What if the civil lawsuit has been amended and is no longer operative. The answer is yes. An active complaint may be a judicial admission but at the very least all versions of a complaint are a party statement under Evidence Code section 1222. Feel free to use these authorities.
- Both the Complaint and First Amended Complaint Can Be Used for Impeachment
[W]here the party has testified in the action, a … pleading may be offered for the purpose of impeachment. [Citations] And pleadings in prior actions or in others which are pending may be considered either as evidence or for the purpose of impeachment. [Citations]” (Meyer v. State Bd. of Equalization (1954) 42 Cal.2d 376, 385) See also: Staples v. Hoefke (1987) 189 Cal.App.3d 1397, 1412 holding that even “where a pleading is superseded, the original pleading … may be offered for impeachment.”) - The Foundation for Evidence Code Section 1222 is Presumed
“It is presumed that even an unverified pleading is filed with the consent of the client and should be regarded as an admission.” (Cseri v. D’Amore (1965) 232 Cal.App.2d 622, 627–628, 43 Cal.Rptr. 36; Dolinar v. Pedone (1944) 63 Cal.App.2d 169, 176–177, 146 P.2d 237.)” (Staples v. Hoefke (1987) 189 Cal.App.3d 1397, 1412) The rule applies equally to unverified pleadings (see Code Civ. Proc., §§ 420, 422.10; Womack v. Lovell (2015) 237 Cal. App.4th 772, 786) This matches the requirements of Evidence Code section 1222 which requires proof that “(a) The statement was made by a person authorized by the party to make a statement or statements for him concerning the subject matter of the statement…”. (Evid. Code, §§ 1222 et seq.; Dolinar v. Pedone (1944) 63 Cal.App.2d 169, 176-177.) (Myers, supra, 178 Cal.App.4th at p. 746.)
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