BlackletterCalifornia law

Evidence Code § 404

ARTICLE 2. Preliminary Determinations on Admissibility of Evidence

Current as of September 28, 2026Evid. Code, § 404Official source ↗

Enacted by Stats. 1965, Ch. 299.

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 evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.