DIVISION 11. WRITINGS [1400. - 1605.]
Division 11 enacted by Stats. 1965, Ch. 299.
§§ 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…