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accident report admission adverse counsel adverse party adverse witness affidavit answer basis best evidence rule business records CA2d Cal CEB California Evidence California Highway Patrol California Trial Objections called Civil Engineer condition copy court credibility cross-examination custodian damages declaration defense deposition diagnosis diagram direct examination doctor elicit entries Evidence Code example exhibit expert witness foundation hearsay rule hospital record impeach inadmissible investigation judicial notice jurors lawyer marked for identification matter Mechanical Engineer medical history medical records medical witness motion pictures nurses officer's opinion testimony pain past recollection recorded patient permit personal injury photographs plaintiff prepared prior inconsistent statement procedure proponent questions reasonable received in evidence refresh memory relevant request signs stipulation subpena duces tecum symptoms take judicial notice testi testify tion treatment trial judge trier of fact usually vehicle voir dire Witkin writing X-ray films