§ 97.Witnesses and evidence impermissible when not included in statement; Exceptions

Title 1. Organization and Jurisdiction · Chapter 5.1. Limited Civil Cases · Article 2. Economic Litigation for Limited Civil Cases · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 97 enforces the § 96 disclosure requirement by barring a party from calling a witness or introducing evidence left out of its statement, subject to exceptions for self-testimony, adverse parties, impeachment evidence, discovery documents, and relief the court grants for excusable neglect.

Full Text of § 97

Text sizeJump to: (a) (b) (c)

(a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served.

(b) The exceptions to subdivision (a) are:

(1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness.

(2) An adverse party.

(3) Witnesses and evidence used solely for purposes of impeachment.

(4) Documents obtained by discovery authorized by this chapter.

(5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473.

End

Plain-English Summary

Section 96 requires a party to disclose its trial witnesses and evidence in advance. Section 97 gives that requirement force: leave a witness or a piece of evidence off the statement, and it generally can’t come in at trial.

The exceptions keep the rule from becoming a trap. A party can always testify for themselves, call the other side as an adverse witness, or offer evidence used purely to impeach, none of which need to appear on the statement. Documents obtained through the chapter’s own discovery process are exempt too. And the court retains discretion: on terms it considers just — including a continuance or an award of costs and litigation expenses — a judge may let a party call an undisclosed witness or offer undisclosed evidence if the party made a good faith effort to comply with § 96, or if the omission resulted from mistake, inadvertence, surprise, or excusable neglect.

Section 97 doesn’t limit evidence at hearings on a default judgment, which follow their own separate rules.

Frequently Asked Questions

What happens if I forget to list a witness in my § 96 statement?

Section 97 generally bars you from calling that witness at trial, unless one of the section’s exceptions applies or the court excuses the omission for good cause.

Do I need to disclose myself as a witness in my own case?

No. Section 97 exempts a party who testifies in their individual capacity from the disclosure requirement.

Can the court excuse a party’s failure to disclose a witness?

Yes. Section 97 lets the court permit an undisclosed witness or undisclosed evidence on terms it finds just, including a continuance or an award of costs, if the omission resulted from mistake, inadvertence, surprise, or excusable neglect, or if the party made a good faith effort to comply.

Amendment History

Added Stats 1982 ch 1581 § 1. Amended Stats 1983 ch 102 § 3, effective June 16, 1983.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: undisclosed witness limited civil case californiaexcusable neglect witness disclosure california