{"code":"EVID","codeName":"Evidence Code","section":"1238","citation":"Evid. Code, § 1238","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 10. HEARSAY EVIDENCE [1200. - 1390.]","url":"https://blackletter.si/evidence-code/division-10"},{"name":"CHAPTER 2. Exceptions to the Hearsay Rule [1220. - 1390.]","url":"https://blackletter.si/evidence-code/division-10/chapter-2"},{"name":"ARTICLE 3. Prior Statements of Witnesses [1235. - 1238.]","url":"https://blackletter.si/evidence-code/division-10/chapter-2/article-3"}],"history":"Enacted by Stats. 1965, Ch. 299.","effective":null,"html":"

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:

(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence;

(b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and

(c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.

","text":"Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and: (a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and (c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.","otherVersions":[],"url":"https://blackletter.si/evidence-code/prior-statements-of-witnesses-1238","source":"California Legislative Information bulk export (pubinfo)"}