TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878. - 1974.]
Title 2 enacted 1872.
§§ 1878–1974 · 42 sections
CHAPTER 2. Witnesses § 1878 · 1 section
- § 1878 A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by…
CHAPTER 3. Writings §§ 1895–1953.13 · 38 sections
ARTICLE 2. Public Writings §§ 1895–1917 · 16 sections
- § 1895 Laws, whether organic or ordinary, are either written or unwritten.
- § 1896 A written law is that which is promulgated in writing, and of which a record is in existence.
- § 1897 The organic law is the Constitution of Government, and is altogether written. Other written laws are denominated statutes. The written law of this State is…
- § 1898 Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other…
- § 1899 Unwritten law is the law not promulgated and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of the…
- § 1904 A judicial record is the record or official entry of the proceedings in a Court of justice, or of the official act of a judicial officer, in an action or…
- § 1908 (a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state, or of the United States, having…
- § 1908.5 When a judgment or order of a court is conclusive, the judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no…
- § 1909 Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined,…
- § 1910 The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other…
- § 1911 That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily…
- § 1912 Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also…
- § 1913 (a) Subject to subdivision (b), the effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it…
- § 1914 The effect of the judicial record of a Court of admiralty of a foreign country is the same as if it were the record of a Court of admiralty of the United…
- § 1916 Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in…
- § 1917 The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of…
ARTICLE 3. Private Writings §§ 1929–1952.3 · 11 sections
- § 1929 Private writings are either: 1. Sealed; or, 2. Unsealed.
- § 1930 A seal is a particular sign, made to attest, in the most formal manner, the execution of an instrument.
- § [1931.] Section Nineteen Hundred and Thirty-one. A public seal in this State is a stamp or impression made by a public officer with an instrument provided by law, to…
- § [1932.] Section Nineteen Hundred and Thirty-two. There shall be no difference hereafter, in this State, between sealed and unsealed writings. A writing under seal may…
- § 1933 The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.
- § 1934 An agreement, in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed.
- § 1935 A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.
- § [1950.] Section Nineteen Hundred and Fifty. The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence, must not…
- § 1952 (a) The clerk shall retain in his or her custody any exhibit, deposition, or administrative record introduced in the trial of a civil action or proceeding or…
- § 1952.2 Notwithstanding any other provisions of law, upon a judgment becoming final, at the expiration of the appeal period, unless an appeal is pending, the court, in…
- § 1952.3 Notwithstanding any other provision of the law, the court, on its own motion, may order the destruction or other disposition of any exhibit, deposition, or…
ARTICLE 4. Records Destroyed in Fire or Calamity §§ 1953–1953.06 · 7 sections
- § 1953 As used in this article “record” includes all or any part of any judgment, decree, order, document, paper, process, or file.
- § 1953.01 Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of…
- § 1953.02 Upon notice given pursuant to Sections 1010 to 1020, inclusive, of this code, and its being shown to the satisfaction of the court that the record has been so…
- § 1953.03 Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of…
- § 1953.04 Upon the hearing if the court is satisfied that the statements contained in the written application are true, it shall make an order reciting the substance and…
- § 1953.05 The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like…
- § 1953.06 If an appeal to a reviewing court has been taken in any action or special proceeding in any trial court in which the record has been subsequently lost or…
ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity §§ 1953.10–1953.13 · 4 sections
- § 1953.10 Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence,…
- § 1953.11 Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any, as the court shall designate by…
- § 1953.12 Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the petition are true,…
- § 1953.13 The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document,…
CHAPTER 6. Indispensable Evidence §§ 1971–1974 · 3 sections
- § 1971 No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, or in any manner relating…
- § 1972 (a) Section 1971 shall not be construed to abridge the power of any court to compel the specific performance of an agreement, in case of part performance…
- § 1974 No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof,…