DIVISION 3. GENERAL PROVISIONS [300. - 413.]
Division 3 enacted by Stats. 1965, Ch. 299.
§§ 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…