Can a defendant in a civil action be transported to court to testify?

California, United States of America


The following excerpt is from People ex rel. Reisig v. Acuna, 214 Cal.Rptr.3d 781, 9 Cal.App.5th 1 (Cal. App. 2017):

1. Appellants complain the trial court improperly refused to order incarcerated defendants to be transported to court to testify, which supposedly prevented the defense from rebutting plaintiff's evidence and presenting affirmative defenses. They cite authority that an indigent prisoner who is a defendant in a civil action threatening his personal interests has a federal and state constitutional right, as a matter of due process and equal protection, to meaningful access to the courts in order to present a defense. (Payne v. Superior Court (1976) 17 Cal.3d 908, 913-919, 132 Cal.Rptr. 405, 553 P.2d 565.)

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