DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500. - 670.]
Division 5 enacted by Stats. 1965, Ch. 299.
§§ 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…