CHAPTER 4. Admitting and Excluding Evidence [350. - 406.]

Chapter 4 enacted by Stats. 1965, Ch. 299.

§§ 350–406 · 20 sections

1. 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…
2. 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.