Evidence Code
§§ 1–1605 · 506 sections
DIVISION 1. PRELIMINARY PROVISIONS AND CONSTRUCTION §§ 1–12 · 12 sections
- § 1 This code shall be known as the Evidence Code.
- § 2 The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of…
- § 3 If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other…
- § 4 Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code.
- § 5 Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
- § 6 Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or…
- § 7 Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Chapter” means a chapter of the division in which that term occurs. (c)…
- § 8 The present tense includes the past and future tenses; and the future, the present.
- § 9 The masculine gender includes the feminine and neuter.
- § 10 The singular number includes the plural; and the plural, the singular.
- § 11 “Shall” is mandatory and “may” is permissive.
- § 12 (a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in…
DIVISION 2. WORDS AND PHRASES DEFINED §§ 100–260 · 32 sections
- § 100 Unless the provision or context otherwise requires, these definitions govern the construction of this code.
- § 105 “Action” includes a civil action and a criminal action.
- § 110 “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.
- § 115 “Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or…
- § 120 “Civil action” includes civil proceedings.
- § 125 “Conduct” includes all active and passive behavior, both verbal and nonverbal.
- § 130 “Criminal action” includes criminal proceedings.
- § 135 “Declarant” is a person who makes a statement.
- § 140 “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a…
- § 145 “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.
- § 150 “Hearsay evidence” is defined in Section 1200.
- § 160 “Law” includes constitutional, statutory, and decisional law.
- § 165 “Oath” includes affirmation or declaration under penalty of perjury.
- § 170 “Perceive” means to acquire knowledge through one’s senses.
- § 175 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
- § 177 “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts…
- § 180 “Personal property” includes money, goods, chattels, things in action, and evidences of debt.
- § 185 “Property” includes both real and personal property.
- § 190 “Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
- § 195 “Public employee” means an officer, agent, or employee of a public entity.
- § 200 “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or…
- § 205 “Real property” includes lands, tenements, and hereditaments.
- § 210 “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or…
- § 215 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
- § 220 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes any state, district,…
- § 225 “Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal…
- § 230 “Statute” includes a treaty and a constitutional provision.
- § 235 “Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence.
- § 240 (a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following: (1) Exempted or precluded on…
- § 250 “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other…
- § 255 “Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph…
- § 260 A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and…
DIVISION 3. GENERAL PROVISIONS §§ 300–413 · 29 sections
CHAPTER 1. Applicability of Code § 300 · 1 section
- § 300 Except as otherwise provided by statute, this code applies in every action before the Supreme Court or a court of appeal or superior court, including…
CHAPTER 2. Province of Court and Jury §§ 310–312 · 3 sections
- § 310 (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and…
- § 311 If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this…
- § 312 Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury. (b) Subject to the control of the…
CHAPTER 3. Order of Proof § 320 · 1 section
- § 320 Except as otherwise provided by law, the court in its discretion shall regulate the order of proof.
CHAPTER 4. Admitting and Excluding Evidence §§ 350–406 · 20 sections
ARTICLE 1. General Provisions §§ 350–356 · 13 sections
- § 350 No evidence is admissible except relevant evidence.
- § 351 Except as otherwise provided by statute, all relevant evidence is admissible.
- § 351.1 (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to…
- § 351.2 (a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery…
- § 351.3 (a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or their…
- § 351.4 (a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge…
- § 352 The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate…
- § 352.1 In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of,…
- § 352.2 (a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that…
- § 353 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence…
- § 354 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence…
- § 355 When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall…
- § 356 Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse…
ARTICLE 2. Preliminary Determinations on Admissibility of Evidence §§ 400–406 · 7 sections
- § 400 As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.…
- § 401 As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of…
- § 402 (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article. (b) The court may hear…
- § 403 (a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered evidence is…
- § 404 Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered…
- § 405 With respect to preliminary fact determinations not governed by Section 403 or 404: (a) When the existence of a preliminary fact is disputed, the court shall…
- § 406 This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility.
CHAPTER 5. Weight of Evidence Generally §§ 410–413 · 4 sections
- § 410 As used in this chapter, “direct evidence” means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true,…
- § 411 Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact.
- § 412 If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence…
- § 413 In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party’s…
DIVISION 4. JUDICIAL NOTICE §§ 450–460 · 12 sections
- § 450 Judicial notice may not be taken of any matter unless authorized or required by law.
- § 451 Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the…
- § 452 Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and…
- § 452.5 (a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by…
- § 453 The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of…
- § 454 (a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) Any source of pertinent information, including the advice of…
- § 455 With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action:…
- § 456 If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate…
- § 457 If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct…
- § 458 The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial…
- § 459 (a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required…
- § 460 Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own…
DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES §§ 500–670 · 52 sections
CHAPTER 1. Burden of Proof §§ 500–524 · 8 sections
ARTICLE 1. General §§ 500–502 · 3 sections
- § 500 Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for…
- § 501 Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such statute is subject to Penal Code Section 1096.
- § 502 The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that…
ARTICLE 2. Burden of Proof on Specific Issues §§ 520–524 · 5 sections
- § 520 The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue.
- § 521 The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue.
- § 522 The party claiming that any person, including himself, is or was insane has the burden of proof on that issue.
- § 523 In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the state is…
- § 524 (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the burden of…
CHAPTER 2. Burden of Producing Evidence § 550 · 1 section
- § 550 (a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further…
CHAPTER 3. Presumptions and Inferences §§ 600–670 · 43 sections
ARTICLE 1. General §§ 600–607 · 8 sections
- § 600 (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A…
- § 601 A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a…
- § 602 A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption.
- § 603 A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination…
- § 604 The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and…
- § 605 A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the…
- § 606 The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of…
- § 607 When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt,…
ARTICLE 2. Conclusive Presumptions §§ 620–624 · 4 sections
- § 620 The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions.
- § 622 The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule…
- § 623 Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such…
- § 624 A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation.
ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence §§ 630–647 · 19 sections
- § 630 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are…
- § 631 Money delivered by one to another is presumed to have been due to the latter.
- § 632 A thing delivered by one to another is presumed to have belonged to the latter.
- § 633 An obligation delivered up to the debtor is presumed to have been paid.
- § 634 A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing…
- § 635 An obligation possessed by the creditor is presumed not to have been paid.
- § 636 The payment of earlier rent or installments is presumed from a receipt for later rent or installments.
- § 637 The things which a person possesses are presumed to be owned by him.
- § 638 A person who exercises acts of ownership over property is presumed to be the owner of it.
- § 639 A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts…
- § 640 A writing is presumed to have been truly dated.
- § 641 A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.
- § 642 A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption…
- § 643 A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it: (a) Is…
- § 644 A book, purporting to be printed or published by public authority, is presumed to have been so printed or published.
- § 645 A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct…
- § 645.1 Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average…
- § 646 (a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates. (b) The judicial doctrine of res ipsa…
- § 647 The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon…
ARTICLE 4. Presumptions Affecting the Burden of Proof §§ 660–670 · 12 sections
- § 660 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are…
- § 662 The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and…
- § 663 A ceremonial marriage is presumed to be valid.
- § 664 It is presumed that official duty has been regularly performed. This presumption does not apply on an issue as to the lawfulness of an arrest if it is found or…
- § 665 A person is presumed to intend the ordinary consequences of his voluntary act. This presumption is inapplicable in a criminal action to establish the specific…
- § 666 Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such,…
- § 667 A person not heard from in five years is presumed to be dead.
- § 668 An unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable in a criminal action to establish the specific intent of the…
- § 669 (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation…
- § 669.1 A rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of their…
- § 669.5 (a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that may be…
- § 670 (a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together with the…
DIVISION 6. WITNESSES §§ 700–795 · 57 sections
CHAPTER 1. Competency §§ 700–704 · 6 sections
- § 700 Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.
- § 701 (a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood,…
- § 702 (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against…
- § 703 (a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the presence…
- § 703.5 No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil…
- § 704 (a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in proceedings…
CHAPTER 2. Oath and Confrontation §§ 710–712 · 3 sections
- § 710 Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10…
- § 711 At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose to…
- § 712 Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a registered…
CHAPTER 3. Expert Witnesses §§ 720–733 · 8 sections
ARTICLE 1. Expert Witnesses Generally §§ 720–723 · 4 sections
- § 720 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert…
- § 721 (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully…
- § 722 (a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fact. (b) The compensation and expenses paid or to be paid to…
- § 723 The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party.
ARTICLE 2. Appointment of Expert Witness by Court §§ 730–733 · 4 sections
- § 730 When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to…
- § 731 (a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which the…
- § 732 Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. When such witness is called and…
- § 733 Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fact or…
CHAPTER 4. Interpreters and Translators §§ 750–757 · 9 sections
- § 750 A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses.
- § 751 (a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or…
- § 752 (a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be…
- § 753 (a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can decipher the…
- § 754 (a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss so great as to prevent his or her…
- § 754.5 Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived merely…
- § 755.5 (a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently…
- § 756 (a) To the extent required by other state or federal laws, the Judicial Council shall reimburse courts for court interpreter services provided in civil actions…
- § 757 Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing authority to…
CHAPTER 5. Method and Scope of Examination §§ 760–778 · 19 sections
ARTICLE 1. Definitions §§ 760–764 · 5 sections
- § 760 “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
- § 761 “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination…
- § 762 “Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness.
- § 763 “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.
- § 764 A “leading question” is a question that suggests to the witness the answer that the examining party desires.
ARTICLE 2. Examination of Witnesses §§ 765–778 · 14 sections
- § 765 (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective…
- § 766 A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party.
- § 767 (a) Except under special circumstances where the interests of justice otherwise require: (1) A leading question may not be asked of a witness on direct or…
- § 768 (a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. (b) If a writing is shown to a…
- § 769 In examining a witness concerning a statement or other conduct by him that is inconsistent with any part of his testimony at the hearing, it is not necessary…
- § 770 Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at…
- § 771 (a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about…
- § 772 (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and…
- § 773 (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such…
- § 774 A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon which he has…
- § 775 The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the…
- § 776 (a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by any…
- § 777 (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot…
- § 778 After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or…
CHAPTER 6. Credibility of Witnesses §§ 780–791 · 11 sections
ARTICLE 1. Credibility Generally §§ 780–783 · 4 sections
- § 780 Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason…
- § 782 (a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of…
- § 782.1 The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, or subdivision (a) or (b) of Section 647 of, or…
- § 783 In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, if evidence of sexual conduct of the plaintiff is…
ARTICLE 2. Attacking or Supporting Credibility §§ 785–791 · 7 sections
- § 785 The credibility of a witness may be attacked or supported by any party, including the party calling him.
- § 786 Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.
- § 787 Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or…
- § 788 For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been…
- § 789 Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.
- § 790 Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose…
- § 791 Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it…
CHAPTER 7. Hypnosis of Witnesses § 795 · 1 section
- § 795 (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the…
DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE §§ 800–870 · 23 sections
CHAPTER 1. Expert and Other Opinion Testimony §§ 800–870 · 23 sections
ARTICLE 1. Expert and Other Opinion Testimony Generally §§ 800–805 · 7 sections
- § 800 If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not…
- § 801 If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is…
- § 801.1 (a) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the party bearing the burden of proof proffers expert testimony…
- § 802 A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert,…
- § 803 The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a…
- § 804 (a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such other…
- § 805 Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact.
ARTICLE 2. Evidence of Market Value of Property §§ 810–824 · 15 sections
- § 810 (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of property…
- § 811 As used in this article, “value of property” means market value of any of the following: (a) Real property or any interest therein. (b) Real property or any…
- § 812 This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market value,”…
- § 813 (a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses qualified to express such opinions. (2) The owner or the…
- § 814 The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witness or…
- § 815 When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and…
- § 816 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and…
- § 817 (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the rent…
- § 818 For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued as…
- § 819 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the reasonable…
- § 820 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or property…
- § 821 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements on…
- § 822 (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is…
- § 823 Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any method of…
- § 824 (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as defined by…
ARTICLE 3. Opinion Testimony on Particular Subjects § 870 · 1 section
- § 870 A witness may state his opinion as to the sanity of a person when: (a) The witness is an intimate acquaintance of the person whose sanity is in question; (b)…
DIVISION 8. PRIVILEGES §§ 900–1070 · 124 sections
CHAPTER 1. Definitions §§ 900–905 · 5 sections
- § 900 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. They do not govern the…
- § 901 “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator,…
- § 902 “Civil proceeding” means any proceeding except a criminal proceeding.
- § 903 “Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of…
- § 905 “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made.
CHAPTER 2. Applicability of Division § 910 · 1 section
- § 910 Except as otherwise provided by statute, the provisions of this division apply in all proceedings. The provisions of any statute making rules of evidence…
CHAPTER 3. General Provisions Relating to Privileges §§ 911–920 · 10 sections
- § 911 Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness. (b) No person has a privilege to refuse to disclose any…
- § 912 (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer…
- § 913 (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or…
- § 914 (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2…
- § 915 (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work…
- § 916 (a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this…
- § 917 (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client,…
- § 918 A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on…
- § 919 (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if: (1) A person authorized to…
- § 920 Nothing in this division shall be construed to repeal by implication any other statute relating to privileges.
CHAPTER 4. Particular Privileges §§ 930–1063 · 107 sections
ARTICLE 1. Privilege of Defendant in Criminal Case § 930 · 1 section
- § 930 To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a privilege…
ARTICLE 2. Privilege Against Self-Incrimination § 940 · 1 section
- § 940 To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose…
ARTICLE 3. Lawyer-Client Privilege §§ 950–962 · 14 sections
- § 950 As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
- § 951 As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the…
- § 952 As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the…
- § 953 As used in this article, “holder of the privilege” means: (a) The client, if the client has no guardian or conservator. (b) (1) A guardian or conservator of…
- § 954 Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to…
- § 955 The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
- § 956 (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime…
- § 956.5 There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a…
- § 957 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of…
- § 958 There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the…
- § 959 There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested…
- § 960 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed…
- § 961 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
- § 962 Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may…
ARTICLE 3.5. Lawyer Referral Service-Client Privilege §§ 965–968 · 4 sections
- § 965 For purposes of this article, the following terms have the following meanings: (a) “Client” means a person who, directly or through an authorized…
- § 966 (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to…
- § 967 A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the communication…
- § 968 There is no privilege under this article if either of the following applies: (a) The services of the lawyer referral service were sought or obtained to enable…
ARTICLE 4. Privilege Not to Testify Against Spouse §§ 970–973 · 4 sections
- § 970 Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding.
- § 971 Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse…
- § 972 A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A…
- § 973 (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse…
ARTICLE 5. Privilege for Confidential Marital Communications §§ 980–987 · 8 sections
- § 980 Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian or…
- § 981 There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a…
- § 982 There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another…
- § 983 There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.
- § 984 There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding between a…
- § 985 There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or…
- § 986 There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the…
- § 987 There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses…
ARTICLE 6. Physician-Patient Privilege §§ 990–1007 · 18 sections
- § 990 As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or…
- § 991 As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis…
- § 992 As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the…
- § 993 As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient…
- § 994 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to…
- § 995 The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
- § 996 There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by:…
- § 997 There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime…
- § 998 There is no privilege under this article in a criminal proceeding.
- § 999 There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages…
- § 1000 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of…
- § 1001 There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the…
- § 1002 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed…
- § 1003 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
- § 1004 There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another…
- § 1005 There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
- § 1006 There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information…
- § 1007 There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including…
ARTICLE 7. Psychotherapist-Patient Privilege §§ 1010–1027 · 19 sections
- § 1010 As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: (a) A person authorized to practice medicine…
- § 1010.5 A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business…
- § 1011 As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing…
- § 1012 As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination…
- § 1013 As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient…
- § 1014 Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to…
- § 1015 The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the…
- § 1016 There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue…
- § 1017 (a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply…
- § 1018 There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a…
- § 1019 There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of…
- § 1020 There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out…
- § 1021 There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed…
- § 1022 There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing,…
- § 1023 There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at…
- § 1024 There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to…
- § 1025 There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
- § 1026 There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to…
- § 1027 There is no privilege under this article if all of the following circumstances exist: (a) The patient is a child under the age of 16. (b) The psychotherapist…
ARTICLE 8. Clergy Penitent Privileges §§ 1030–1034 · 5 sections
- § 1030 As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religious…
- § 1031 As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
- § 1032 As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is…
- § 1033 Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential…
- § 1034 Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims…
ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege §§ 1035–1036.2 · 7 sections
- § 1035 As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental,…
- § 1035.2 As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or center…
- § 1035.4 As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and…
- § 1035.6 As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. (b) A guardian or conservator of the…
- § 1035.8 A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential…
- § 1036 The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present…
- § 1036.2 As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code. (b) Unlawful sexual…
ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege §§ 1037–1037.8 · 9 sections
- § 1037 As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7.
- § 1037.1 (a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as defined in…
- § 1037.2 (a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmitted…
- § 1037.3 Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
- § 1037.4 As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guardian or conservator. (b) A guardian or conservator of the…
- § 1037.5 A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a…
- § 1037.6 The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever he or…
- § 1037.7 As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
- § 1037.8 A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the victim and…
ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege §§ 1038–1038.3 · 4 sections
- § 1038 (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential…
- § 1038.1 (a) The court may compel disclosure of information received by a human trafficking caseworker that constitutes relevant evidence of the facts and circumstances…
- § 1038.2 As used in this article, the following terms have the following meanings: (a) “Confidential communication” means all information, including, but not limited…
- § 1038.3 Nothing in this article shall be construed as limiting any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
ARTICLE 9. Official Information and Identity of Informer §§ 1040–1047 · 8 sections
- § 1040 (a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and not…
- § 1041 (a) Except as provided in this section, a public entity has a privilege to refuse to disclose the identity of a person who has furnished information as…
- § 1042 (a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state or a public…
- § 1043 (a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of…
- § 1044 Nothing in this article shall be construed to affect the right of access to records of medical or psychological history where such access would otherwise be…
- § 1045 (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those…
- § 1046 In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, as defined…
- § 1047 (a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, including supervisorial officers, who either were not…
ARTICLE 10. Political Vote § 1050 · 1 section
- § 1050 If he claims the privilege, a person has a privilege to refuse to disclose the tenor of his vote at a public election where the voting is by secret ballot…
ARTICLE 11. Trade Secret §§ 1060–1063 · 4 sections
- § 1060 If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to refuse to disclose the secret, and to prevent another from…
- § 1061 (a) For purposes of this section, and Sections 1062 and 1063: (1) “Trade secret” means “trade secret,” as defined in subdivision (d) of Section 3426.1 of the…
- § 1062 (a) Notwithstanding any other provision of law, in a criminal case, the court, upon motion of the owner of a trade secret, or upon motion by the People with…
- § 1063 The following provisions shall govern requests to seal articles which are protected by a protective order entered pursuant to Evidence Code Section 1060 or…
CHAPTER 5. Immunity of Newsman From Citation for Contempt § 1070 · 1 section
- § 1070 (a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press…
DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES §§ 1100–1162 · 45 sections
CHAPTER 1. Evidence of Character, Habit, or Custom §§ 1100–1109 · 11 sections
- § 1100 Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and evidence…
- § 1101 (a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a person’s character or a trait of his or her character (whether…
- § 1102 In a criminal action, evidence of the defendant’s character or a trait of his character in the form of an opinion or evidence of his reputation is not made…
- § 1103 (a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific…
- § 1104 Except as provided in Sections 1102 and 1103, evidence of a trait of a person’s character with respect to care or skill is inadmissible to prove the quality of…
- § 1105 Any otherwise admissible evidence of habit or custom is admissible to prove conduct on a specified occasion in conformity with the habit or custom.
- § 1106 (a) In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and…
- § 1107 (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects,…
- § 1107.5 (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human…
- § 1108 (a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant’s commission of another sexual offense or offenses is…
- § 1109 (a) (1) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving domestic violence,…
CHAPTER 2. Mediation §§ 1115–1129 · 15 sections
- § 1115 For purposes of this chapter: (a) “Mediation” means a process in which a neutral person or persons facilitate communication between the disputants to assist…
- § 1116 (a) Nothing in this chapter expands or limits a court’s authority to order participation in a dispute resolution proceeding. Nothing in this chapter authorizes…
- § 1117 (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115. (b) This chapter does not apply to either of the…
- § 1118 An oral agreement “in accordance with Section 1118” means an oral agreement that satisfies all of the following conditions: (a) The oral agreement is recorded…
- § 1119 Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a…
- § 1120 (a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected…
- § 1121 Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any report,…
- § 1122 (a) A communication or a writing, as defined in Section 250, that is made or prepared for the purpose of, or in the course of, or pursuant to, a mediation or a…
- § 1123 A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made inadmissible, or protected from disclosure, by provisions of…
- § 1124 An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this chapter…
- § 1125 (a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied: (1) The parties execute a…
- § 1126 Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediation ends,…
- § 1127 If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as defined in Section 250, and the court or other adjudicative…
- § 1128 Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of the trial for the purposes of Section 657 of the Code of…
- § 1129 (a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation shall,…
CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies §§ 1150–1162 · 19 sections
- § 1150 (a) Upon an inquiry as to the validity of a verdict, any otherwise admissible evidence may be received as to statements made, or conduct, conditions, or events…
- § 1151 When, after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less…
- § 1152 (a) Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act, or…
- § 1153 Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or to any other crime, made by the defendant in a criminal…
- § 1153.5 Evidence of an offer for civil resolution of a criminal matter pursuant to the provisions of Section 33 of the Code of Civil Procedure, or admissions made in…
- § 1154 Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act, or service in satisfaction of a claim, as well as…
- § 1155 Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is…
- § 1156 (a) In-hospital medical or medical-dental staff committees of a licensed hospital may engage in research and medical or dental study for the purpose of…
- § 1156.1 (a) A committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code may engage in research and medical or psychiatric…
- § 1156.5 (a) Evidence that a person suffered or experienced excited delirium shall not be admitted in any civil action. (b) A party or witness may describe the factual…
- § 1157 (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and…
- § 1157.5 Except in actions involving a claim of a provider of health care services for payment for such services, the prohibition relating to discovery or testimony…
- § 1157.6 Neither the proceedings nor the records of a committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code having the…
- § 1157.7 The prohibition relating to discovery or testimony provided in Section 1157 shall be applicable to proceedings and records of any committee established by a…
- § 1158 (a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical…
- § 1159 (a) No evidence pertaining to live animal experimentation, including, but not limited to, injury, impact, or crash experimentation, shall be admissible in any…
- § 1160 (a) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death…
- § 1161 (a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has engaged in any commercial sexual act as a result of being a…
- § 1162 Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of…
DIVISION 10. HEARSAY EVIDENCE §§ 1200–1390 · 74 sections
CHAPTER 1. General Provisions §§ 1200–1205 · 7 sections
- § 1200 (a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth…
- § 1201 A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence of such statement is hearsay evidence if…
- § 1202 Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such declarant received in evidence as hearsay evidence is not…
- § 1203 (a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning…
- § 1203.1 Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as provided in Section 872 of the Penal Code.
- § 1204 A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, either by…
- § 1205 Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence.
CHAPTER 2. Exceptions to the Hearsay Rule §§ 1220–1390 · 67 sections
ARTICLE 1. Confessions and Admissions §§ 1220–1228.1 · 10 sections
- § 1220 Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his…
- § 1221 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the…
- § 1222 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by a person authorized by the party…
- § 1223 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by the declarant while…
- § 1224 When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declarant, or…
- § 1225 When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest…
- § 1226 Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Section 376…
- § 1227 Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death brought…
- § 1228 Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person…
- § 1228.1 (a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the acceptance of…
ARTICLE 2. Declarations Against Interest § 1230 · 1 section
- § 1230 Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable…
ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes §§ 1231–1231.4 · 5 sections
- § 1231 Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing…
- § 1231.1 A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes known to the adverse party the intention to offer the statement…
- § 1231.2 A peace officer may administer and certify oaths for purposes of this article.
- § 1231.3 Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall either have five years of law enforcement experience or have…
- § 1231.4 If evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural causes, but…
ARTICLE 3. Prior Statements of Witnesses §§ 1235–1238 · 4 sections
- § 1235 Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and…
- § 1236 Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the…
- § 1237 (a) 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…
- § 1238 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…
ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations §§ 1240–1242 · 3 sections
- § 1240 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition, or…
- § 1241 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Is offered to explain, qualify, or make understandable conduct of…
- § 1242 Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the…
ARTICLE 5. Statements of Mental or Physical State §§ 1250–1253 · 4 sections
- § 1250 (a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a statement of…
- § 1251 Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan,…
- § 1252 Evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthiness.
- § 1253 Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or…
ARTICLE 6. Statements Relating to Wills and to Claims Against Estates §§ 1260–1261 · 2 sections
- § 1260 (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made…
- § 1261 (a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant…
ARTICLE 7. Business Records §§ 1270–1272 · 3 sections
- § 1270 As used in this article, “a business” includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions,…
- § 1271 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or…
- § 1272 Evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rule when…
ARTICLE 8. Official Records and Other Official Writings §§ 1280–1285 · 6 sections
- § 1280 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal…
- § 1281 Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was required by…
- § 1282 A written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (56…
- § 1283 An official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a…
- § 1284 Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find…
- § 1285 Within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the following…
ARTICLE 9. Former Testimony §§ 1290–1294 · 5 sections
- § 1290 As used in this article, “former testimony” means testimony given under oath in: (a) Another action or in a former hearing or trial of the same action; (b) A…
- § 1291 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The former testimony is…
- § 1292 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if: (1) The declarant is unavailable as a witness; (2) The former testimony is…
- § 1293 (a) Evidence of former testimony made at a preliminary examination by a minor child who was the complaining witness is not made inadmissible by the hearsay…
- § 1294 (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the…
ARTICLE 10. Judgments §§ 1300–1302 · 3 sections
- § 1300 Evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made inadmissible by the hearsay rule when offered in a civil…
- § 1301 Evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgment debtor to prove any fact which was essential to the…
- § 1302 When the liability, obligation, or duty of a third person is in issue in a civil action, evidence of a final judgment against that person is not made…
ARTICLE 11. Family History §§ 1310–1316 · 7 sections
- § 1310 (a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent…
- § 1311 (a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry,…
- § 1312 Evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones, and the…
- § 1313 Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce, death,…
- § 1314 Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the time of…
- § 1315 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or…
- § 1316 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or…
ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character §§ 1320–1324 · 5 sections
- § 1320 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the community or…
- § 1321 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns the interest of the public in property in the…
- § 1322 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns boundaries of, or customs affecting, land in the…
- § 1323 Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and had…
- § 1324 Evidence of a person’s general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then…
ARTICLE 13. Dispositive Instruments and Ancient Writings §§ 1330–1331 · 2 sections
- § 1330 Evidence of a statement contained in a deed of conveyance or a will or other writing purporting to affect an interest in real or personal property is not made…
- § 1331 Evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained in a writing more than 30 years old and the statement has…
ARTICLE 14. Commercial, Scientific, and Similar Publications §§ 1340–1341 · 2 sections
- § 1340 Evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register, or other published compilation is not made inadmissible…
- § 1341 Historical works, books of science or art, and published maps or charts, made by persons indifferent between the parties, are not made inadmissible by the…
ARTICLE 15. Declarant Unavailable as Witness § 1350 · 1 section
- § 1350 (a) In a criminal proceeding charging a serious felony, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the…
ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings § 1360 · 1 section
- § 1360 (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect…
ARTICLE 17. Physical Abuse §§ 1370–1390 · 3 sections
- § 1370 (a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of the following conditions are met: (1) The statement purports…
- § 1380 (a) In a criminal proceeding charging a violation, or attempted violation, of Section 368 of the Penal Code, evidence of a statement made by a declarant is not…
- § 1390 (a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in…
DIVISION 11. WRITINGS §§ 1400–1605 · 46 sections
CHAPTER 1. Authentication and Proof of Writings §§ 1400–1454 · 21 sections
ARTICLE 1. Requirement of Authentication §§ 1400–1402 · 3 sections
- § 1400 Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence…
- § 1401 (a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its…
- § 1402 The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in…
ARTICLE 2. Means of Authenticating and Proving Writings §§ 1410–1421 · 13 sections
- § 1410 Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved.
- § 1410.5 (a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a…
- § 1411 Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.
- § 1412 If the testimony of a subscribing witness is required by statute to authenticate a writing and the subscribing witness denies or does not recollect the…
- § 1413 A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness.
- § 1414 A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any time admitted its authenticity; or (b) The writing has…
- § 1415 A writing may be authenticated by evidence of the genuineness of the handwriting of the maker.
- § 1416 A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the…
- § 1417 The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was…
- § 1418 The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or…
- § 1419 Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing…
- § 1420 A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of…
- § 1421 A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is…
ARTICLE 3. Presumptions Affecting Acknowledged Writings and Official Writings §§ 1450–1454 · 5 sections
- § 1450 The presumptions established by this article are presumptions affecting the burden of producing evidence.
- § 1451 A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of such a writing, is prima facie evidence of the facts…
- § 1452 A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (a) The United States or a department, agency, or public employee of…
- § 1453 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of: (a) A public employee of the…
- § 1454 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of an…
CHAPTER 2. Secondary Evidence of Writings §§ 1520–1567 · 20 sections
ARTICLE 1. Proof of the Content of a Writing §§ 1520–1523 · 4 sections
- § 1520 The content of a writing may be proved by an otherwise admissible original.
- § 1521 (a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if…
- § 1522 (a) In addition to the grounds for exclusion authorized by Section 1521, in a criminal action the court shall exclude secondary evidence of the content of a…
- § 1523 (a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing. (b) Oral testimony of the content of a writing…
ARTICLE 2. Official Writings and Recorded Writings §§ 1530–1532 · 3 sections
- § 1530 (a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and content of…
- § 1531 For the purpose of evidence, whenever a copy of a writing is attested or certified, the attestation or certificate must state in substance that the copy is a…
- § 1532 (a) The official record of a writing is prima facie evidence of the existence and content of the original recorded writing if: (1) The record is in fact a…
ARTICLE 3. Photographic Copies and Printed Representations of Writings §§ 1550–1553 · 5 sections
- § 1550 (a) If made and preserved as a part of the records of a business, as defined in Section 1270, in the regular course of that business, the following types of…
- § 1550.1 Reproductions of files, records, writings, photographs, fingerprints or other instruments in the official custody of a criminal justice agency that were…
- § 1551 A print, whether enlarged or not, from a photographic film (including a photographic plate, microphotographic film, photostatic negative, or similar…
- § 1552 (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or computer…
- § 1553 (a) A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent.…
ARTICLE 4. Production of Business Records §§ 1560–1567 · 8 sections
- § 1560 (a) As used in this article: (1) “Business” includes every kind of business described in Section 1270. (2) “Record” includes every kind of record maintained by…
- § 1561 (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The affiant…
- § 1562 If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the…
- § 1563 (a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness’ business, unless…
- § 1564 The personal attendance of the custodian or other qualified witness and the production of the original records is not required unless, at the discretion of the…
- § 1565 If more than one subpoena duces tecum is served upon the custodian of records or other qualified witness and the personal attendance of the custodian or other…
- § 1566 This article applies in any proceeding in which testimony can be compelled.
- § 1567 A completed form described in Section 3664 of the Family Code for income and benefit information provided by the employer may be admissible in a proceeding for…
CHAPTER 3. Official Writings Affecting Property §§ 1600–1605 · 5 sections
- § 1600 (a) The record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence and…
- § 1601 (a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of the official record of any writing lost or destroyed by…
- § 1603 A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of…
- § 1604 A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima…
- § 1605 Duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Mexican…