ARTICLE 2. Preliminary Determinations on Admissibility of Evidence

Article 2 enacted by Stats. 1965, Ch. 299.

§§ 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.