Asked in Criminal Law and Wrongful Death for California

Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report has been amended?

4. Is coroner report admissible as an evidence in court?

5. Can this information be seeked through Freedom of Information Act?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: 1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the coroner's office that handled the case. This request should be backed by new evidence or information that was not considered during the original investigation. The coroner's office will then review this request, which may involve additional investigations or consultations with medical or legal experts.

3. If a family has successfully amended a coroner's report, you can request the details of the documents and evidence that led to this amendment through a formal request to the coroner's office. This process may be governed by local regulations and might require specific forms or identification to process your request. Additionally, under the California Public Records Act, you are entitled to request and receive public records, which would include documents used to amend a coroner's report.

4. Yes, coroner reports are generally admissible as evidence in court. They can be used in both civil and criminal proceedings to establish facts about the death.

5. Information about the amendment of a coroner's report, including the documents and evidence supporting it, can typically be sought through a Freedom of Information Act (FOIA) request, although the specifics can vary by jurisdiction and the nature of the documents.

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