DIVISION 10. HEARSAY EVIDENCE [1200. - 1390.]

Division 10 enacted by Stats. 1965, Ch. 299.

§§ 1200–1390 · 74 sections

1. CHAPTER 1. General Provisions §§ 1200–1205 · 7 sections

   • § 1200 (a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth…
   • § 1201 A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence of such statement is hearsay evidence if…
   • § 1202 Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such declarant received in evidence as hearsay evidence is not…
   • § 1203 (a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning…
   • § 1203.1 Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as provided in Section 872 of the Penal Code.
   • § 1204 A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, either by…
   • § 1205 Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence.
2. CHAPTER 2. Exceptions to the Hearsay Rule §§ 1220–1390 · 67 sections

   1. ARTICLE 1. Confessions and Admissions §§ 1220–1228.1 · 10 sections

      • § 1220 Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his…
      • § 1221 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the…
      • § 1222 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by a person authorized by the party…
      • § 1223 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by the declarant while…
      • § 1224 When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declarant, or…
      • § 1225 When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest…
      • § 1226 Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Section 376…
      • § 1227 Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death brought…
      • § 1228 Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person…
      • § 1228.1 (a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the acceptance of…
   2. ARTICLE 2. Declarations Against Interest § 1230 · 1 section

      • § 1230 Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable…
   3. ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes §§ 1231–1231.4 · 5 sections

      • § 1231 Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing…
      • § 1231.1 A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes known to the adverse party the intention to offer the statement…
      • § 1231.2 A peace officer may administer and certify oaths for purposes of this article.
      • § 1231.3 Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall either have five years of law enforcement experience or have…
      • § 1231.4 If evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural causes, but…
   4. ARTICLE 3. Prior Statements of Witnesses §§ 1235–1238 · 4 sections

      • § 1235 Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and…
      • § 1236 Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the…
      • § 1237 (a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by…
      • § 1238 Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him…
   5. ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations §§ 1240–1242 · 3 sections

      • § 1240 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition, or…
      • § 1241 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Is offered to explain, qualify, or make understandable conduct of…
      • § 1242 Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the…
   6. ARTICLE 5. Statements of Mental or Physical State §§ 1250–1253 · 4 sections

      • § 1250 (a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a statement of…
      • § 1251 Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan,…
      • § 1252 Evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthiness.
      • § 1253 Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or…
   7. ARTICLE 6. Statements Relating to Wills and to Claims Against Estates §§ 1260–1261 · 2 sections

      • § 1260 (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made…
      • § 1261 (a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant…
   8. ARTICLE 7. Business Records §§ 1270–1272 · 3 sections

      • § 1270 As used in this article, “a business” includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions,…
      • § 1271 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or…
      • § 1272 Evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rule when…
   9. ARTICLE 8. Official Records and Other Official Writings §§ 1280–1285 · 6 sections

      • § 1280 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal…
      • § 1281 Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was required by…
      • § 1282 A written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (56…
      • § 1283 An official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a…
      • § 1284 Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find…
      • § 1285 Within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the following…
   10. ARTICLE 9. Former Testimony §§ 1290–1294 · 5 sections

       • § 1290 As used in this article, “former testimony” means testimony given under oath in: (a) Another action or in a former hearing or trial of the same action; (b) A…
       • § 1291 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The former testimony is…
       • § 1292 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if: (1) The declarant is unavailable as a witness; (2) The former testimony is…
       • § 1293 (a) Evidence of former testimony made at a preliminary examination by a minor child who was the complaining witness is not made inadmissible by the hearsay…
       • § 1294 (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the…
   11. ARTICLE 10. Judgments §§ 1300–1302 · 3 sections

       • § 1300 Evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made inadmissible by the hearsay rule when offered in a civil…
       • § 1301 Evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgment debtor to prove any fact which was essential to the…
       • § 1302 When the liability, obligation, or duty of a third person is in issue in a civil action, evidence of a final judgment against that person is not made…
   12. ARTICLE 11. Family History §§ 1310–1316 · 7 sections

       • § 1310 (a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent…
       • § 1311 (a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry,…
       • § 1312 Evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones, and the…
       • § 1313 Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce, death,…
       • § 1314 Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the time of…
       • § 1315 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or…
       • § 1316 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or…
   13. ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character §§ 1320–1324 · 5 sections

       • § 1320 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the community or…
       • § 1321 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns the interest of the public in property in the…
       • § 1322 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns boundaries of, or customs affecting, land in the…
       • § 1323 Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and had…
       • § 1324 Evidence of a person’s general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then…
   14. ARTICLE 13. Dispositive Instruments and Ancient Writings §§ 1330–1331 · 2 sections

       • § 1330 Evidence of a statement contained in a deed of conveyance or a will or other writing purporting to affect an interest in real or personal property is not made…
       • § 1331 Evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained in a writing more than 30 years old and the statement has…
   15. ARTICLE 14. Commercial, Scientific, and Similar Publications §§ 1340–1341 · 2 sections

       • § 1340 Evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register, or other published compilation is not made inadmissible…
       • § 1341 Historical works, books of science or art, and published maps or charts, made by persons indifferent between the parties, are not made inadmissible by the…
   16. ARTICLE 15. Declarant Unavailable as Witness § 1350 · 1 section

       • § 1350 (a) In a criminal proceeding charging a serious felony, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the…
   17. ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings § 1360 · 1 section

       • § 1360 (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect…
   18. ARTICLE 17. Physical Abuse §§ 1370–1390 · 3 sections

       • § 1370 (a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of the following conditions are met: (1) The statement purports…
       • § 1380 (a) In a criminal proceeding charging a violation, or attempted violation, of Section 368 of the Penal Code, evidence of a statement made by a declarant is not…
       • § 1390 (a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in…