California Evidence Code Section 1
This code shall be known as the Evidence Code.
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California Evidence Code Section 2
The rule of the common law, that statutes in derogation thereof
are to be strictly construed, has no application to this code. This
code establishes
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California Evidence Code Section 3
If any provision or clause of this code or application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other
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California Evidence Code Section 4
Unless the provision or context otherwise requires, these
preliminary provisions and rules of construction shall govern the
construction of this...
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California Evidence Code Section 5
Division, chapter, article, and section headings do not in any
manner affect the scope, meaning, or intent of the provisions of this
code.
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California Evidence Code Section 6
Whenever any reference is made to any portion of this code or of
any other statute, such reference shall apply to all amendments and
additions...
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California Evidence Code Section 7
Unless otherwise expressly stated:
(a) "Division" means a division of this code.
(b) "Chapter" means a chapter of the division in which that...
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California Evidence Code Section 8
The present tense includes the past and future tenses; and the
future, the present.
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California Evidence Code Section 9
The masculine gender includes the feminine and neuter.
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California Evidence Code Section 10
The singular number includes the plural; and the plural, the
singular.
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California Evidence Code Section 11
"Shall" is mandatory and "may" is permissive.
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California Evidence Code Section 12
(a) This code shall become operative on January 1, 1967, and
shall govern proceedings in actions brought on or after that date
and, except as...
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California Evidence Code Section 100
Unless the provision or context otherwise requires, these
definitions govern the construction of this code.
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California Evidence Code Section 105
"Action" includes a civil action and a criminal action.
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California Evidence Code Section 110
"Burden of producing evidence" means the obligation of a party
to introduce evidence sufficient to avoid a ruling against him on
the issue.
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California Evidence Code Section 115
"Burden of proof" means the obligation of a party to establish
by evidence a requisite degree of belief concerning a fact in the
mind of the trier of
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California Evidence Code Section 120
"Civil action" includes civil proceedings.
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California Evidence Code Section 125
"Conduct" includes all active and passive behavior, both
verbal and nonverbal.
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California Evidence Code Section 130
"Criminal action" includes criminal proceedings.
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California Evidence Code Section 135
"Declarant" is a person who makes a statement.
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California Evidence Code Section 140
"Evidence" means testimony, writings, material objects, or
other things presented to the senses that are offered to prove the
existence or...
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California Evidence Code Section 145
"The hearing" means the hearing at which a question under this
code arises, and not some earlier or later hearing.
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California Evidence Code Section 150
"Hearsay evidence" is defined in Section 1200.
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California Evidence Code Section 160
"Law" includes constitutional, statutory, and decisional law.
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California Evidence Code Section 165
"Oath" includes affirmation or declaration under penalty of
perjury.
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California Evidence Code Section 170
"Perceive" means to acquire knowledge through one's senses.
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California Evidence Code Section 175
"Person" includes a natural person, firm, association,
organization, partnership, business trust, corporation, limited
liability company, or public...
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California Evidence Code Section 177
"Dependent person" means any person who has a physical or
mental impairment that substantially restricts his or her ability to
carry out normal...
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California Evidence Code Section 180
"Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
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California Evidence Code Section 185
"Property" includes both real and personal property.
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California Evidence Code Section 190
"Proof" is the establishment by evidence of a requisite degree
of belief concerning a fact in the mind of the trier of fact or the
court.
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California Evidence Code Section 195
"Public employee" means an officer, agent, or employee of a
public entity.
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California Evidence Code Section 200
"Public entity" includes a nation, state, county, city and
county, city, district, public authority, public agency, or any other
political...
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California Evidence Code Section 205
"Real property" includes lands, tenements, and hereditaments.
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California Evidence Code Section 210
"Relevant evidence" means evidence, including evidence
relevant to the credibility of a witness or hearsay declarant, having
any tendency in reason...
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California Evidence Code Section 220
"State" means the State of California, unless applied to the
different parts of the United States. In the latter case, it
includes any state,...
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California Evidence Code Section 225
"Statement" means (a) oral or written verbal expression or (b)
nonverbal conduct of a person intended by him as a substitute for
oral or written...
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California Evidence Code Section 230
"Statute" includes a treaty and a constitutional provision.
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California Evidence Code Section 235
"Trier of fact" includes (a) the jury and (b) the court when
the court is trying an issue of fact other than one relating to the
admissibility of...
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California Evidence Code Section 240
(a) Except as otherwise provided in subdivision (b),
"unavailable as a witness" means that the declarant is any of the
following:
(1) Exempted or...
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California Evidence Code Section 250
"Writing" means handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and...
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California Evidence Code Section 255
"Original" means the writing itself or any counterpart
intended to have the same effect by a person executing or issuing it.
An "original" of a...
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California Evidence Code Section 260
A "duplicate" is a counterpart produced by the same impression
as the original, or from the same matrix, or by means of
photography, including...
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California Evidence Code 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
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California Evidence Code Section 310
(a) All questions of law (including but not limited to
questions concerning the construction of statutes and other writings,
the admissibility of...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 320
Except as otherwise provided by law, the court in its
discretion shall regulate the order of proof.
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California Evidence Code Section 350
No evidence is admissible except relevant evidence.
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California Evidence Code Section 351
Except as otherwise provided by statute, all relevant evidence
is admissible.
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California Evidence Code Section 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...
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California Evidence Code Section 352
The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a)...
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California Evidence Code Section 352.1
In any criminal proceeding under Section 261, 262, or 264.1,
subdivision (d) of Section 286, or subdivision (d) of Section 288a
of the Penal Code, or
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 400
As used in this article, "preliminary fact" means a fact upon
the existence or nonexistence of which depends the admissibility or
inadmissibility of...
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California Evidence Code Section 401
As used in this article, "proffered evidence" means evidence,
the admissibility or inadmissibility of which is dependent upon the
existence or...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 406
This article does not limit the right of a party to introduce
before the trier of fact evidence relevant to weight or credibility.
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 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,...
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California Evidence Code Section 450
Judicial notice may not be taken of any matter unless
authorized or required by law.
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California Evidence Code Section 451
Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of
this state and of the United...
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California Evidence Code Section 452
Judicial notice may be taken of the following matters to the
extent that they are not embraced within Section 451:
(a) The decisional,...
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California Evidence Code Section 452.5
(a) The official acts and records specified in subdivisions
(c) and (d) of Section 452 include any computer-generated official
court records, as...
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California Evidence Code Section 453
The trial court shall take judicial notice of any matter
specified in Section 452 if a party requests it and:
(a) Gives each adverse party...
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California Evidence Code Section 454
(a) In determining the propriety of taking judicial notice of
a matter, or the tenor thereof:
(1) Any source of pertinent information, including...
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California Evidence Code Section 455
With respect to any matter specified in Section 452 or in
subdivision (f) of Section 451 that is of substantial consequence to
the determination of...
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California Evidence Code Section 456
If the trial court denies a request to take judicial notice of
any matter, the court shall at the earliest practicable time so
advise the parties and
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California Evidence Code Section 457
If a matter judicially noticed is a matter which would
otherwise have been for determination by the jury, the trial court
may, and upon request...
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California Evidence Code Section 458
The failure or refusal of the trial court to take judicial
notice of a matter, or to instruct the jury with respect to the
matter, does not preclude...
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California Evidence Code Section 459
(a) The reviewing court shall take judicial notice of (1) each
matter properly noticed by the trial court and (2) each matter that
the trial court...
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California Evidence Code Section 460
Where the advice of persons learned in the subject matter is
required in order to enable the court to take judicial notice of a
matter, the court on...
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California Evidence Code Section 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
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California Evidence Code Section 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.
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California Evidence Code Section 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...
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California Evidence Code Section 520
The party claiming that a person is guilty of crime or
wrongdoing has the burden of proof on that issue.
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California Evidence Code Section 521
The party claiming that a person did not exercise a requisite
degree of care has the burden of proof on that issue.
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California Evidence Code Section 522
The party claiming that any person, including himself, is or
was insane has the burden of proof on that issue.
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California Evidence Code Section 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...
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California Evidence Code 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...
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California Evidence Code Section 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
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California Evidence Code Section 601
A presumption is either conclusive or rebuttable. Every
rebuttable presumption is either (a) a presumption affecting the
burden of producing...
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California Evidence Code Section 602
A statute providing that a fact or group of facts is prima
facie evidence of another fact establishes a rebuttable presumption.
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California Evidence Code Section 603
A presumption affecting the burden of producing evidence is a
presumption established to implement no public policy other than to
facilitate the...
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California Evidence Code Section 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...
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California Evidence Code Section 605
A presumption affecting the burden of proof is a presumption
established to implement some public policy other than to facilitate
the determination...
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California Evidence Code Section 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...
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California Evidence Code Section 607
When a presumption affecting the burden of proof operates in a
criminal action to establish presumptively any fact that is
essential to the...
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California Evidence Code Section 620
The presumptions established by this article, and all other
presumptions declared by law to be conclusive, are conclusive
presumptions.
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 624
A tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation.
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California Evidence Code Section 630
The presumptions established by this article, and all other
rebuttable presumptions established by law that fall within the
criteria of Section 603,...
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California Evidence Code Section 631
Money delivered by one to another is presumed to have been due
to the latter.
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California Evidence Code Section 632
A thing delivered by one to another is presumed to have
belonged to the latter.
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California Evidence Code Section 633
An obligation delivered up to the debtor is presumed to have
been paid.
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California Evidence Code Section 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...
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California Evidence Code Section 635
An obligation possessed by the creditor is presumed not to
have been paid.
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California Evidence Code Section 636
The payment of earlier rent or installments is presumed from a
receipt for later rent or installments.
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California Evidence Code Section 637
The things which a person possesses are presumed to be owned
by him.
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California Evidence Code Section 638
A person who exercises acts of ownership over property is
presumed to be the owner of it.
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California Evidence Code Section 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...
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California Evidence Code Section 640
A writing is presumed to have been truly dated.
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California Evidence Code Section 641
A letter correctly addressed and properly mailed is presumed
to have been received in the ordinary course of mail.
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 644
A book, purporting to be printed or published by public
authority, is presumed to have been so printed or published.
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California Evidence Code Section 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...
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California Evidence Code Section 645.1
Printed materials, purporting to be a particular newspaper
or periodical, are presumed to be that newspaper or periodical if
regularly issued at...
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California Evidence Code Section 646
(a) As used in this section, "defendant" includes any party
against whom the res ipsa loquitur presumption operates.
(b) The judicial doctrine of...
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California Evidence Code Section 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...
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California Evidence Code Section 660
The presumptions established by this article, and all other
rebuttable presumptions established by law that fall within the
criteria of Section 605,...
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California Evidence Code Section 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...
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California Evidence Code Section 663
A ceremonial marriage is presumed to be valid.
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California Evidence Code Section 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...
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California Evidence Code Section 665
A person is presumed to intend the ordinary consequences of
his voluntary act. This presumption is inapplicable in a criminal
action to establish...
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California Evidence Code Section 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
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California Evidence Code Section 667
A person not heard from in five years is presumed to be dead.
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California Evidence Code Section 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...
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California Evidence Code Section 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)...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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,...
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California Evidence Code Section 700
Except as otherwise provided by statute, every person,
irrespective of age, is qualified to be a witness and no person is
disqualified to testify to...
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California Evidence Code Section 701
(a) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the
matter so as to be...
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California Evidence Code Section 702
(a) Subject to Section 801, the testimony of a witness
concerning a particular matter is inadmissible unless he has personal
knowledge of the matter.
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California Evidence Code Section 703
(a) Before the judge presiding at the trial of an action may
be called to testify in that trial as a witness, he shall, in
proceedings held out of...
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California Evidence Code Section 703.5
No person presiding at any judicial or quasi-judicial
proceeding, and no arbitrator or mediator, shall be competent to
testify, in any subsequent...
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California Evidence Code Section 704
(a) Before a juror sworn and impaneled in the trial of an
action may be called to testify before the jury in that trial as a
witness, he shall, in...
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California Evidence Code Section 710
Every witness before testifying shall take an oath or make an
affirmation or declaration in the form provided by law, except that a
child under the...
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California Evidence Code Section 711
At the trial of an action, a witness can be heard only in the
presence and subject to the examination of all the parties to the
action, if they...
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California Evidence Code Section 712
Notwithstanding Sections 711 and 1200, at the trial of a
criminal action, evidence of the technique used in taking blood
samples may be given by a...
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California Evidence Code Section 720
(a) A person is qualified to testify as an expert if he has
special knowledge, skill, experience, training, or education
sufficient to qualify him as
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California Evidence Code Section 721
(a) Subject to subdivision (b), a witness testifying as an
expert may be cross-examined to the same extent as any other witness
and, in addition, may
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California Evidence Code Section 722
(a) The fact of the appointment of an expert witness by the
court may be revealed to the trier of fact.
(b) The compensation and expenses paid or...
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California Evidence Code Section 723
The court may, at any time before or during the trial of an
action, limit the number of expert witnesses to be called by any
party.
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California Evidence Code Section 730
When it appears to the court, at any time before or during the
trial of an action, that expert evidence is or may be required by
the court or by any...
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California Evidence Code Section 731
(a) In all criminal actions and juvenile court proceedings,
the compensation fixed under Section 730 shall be a charge against
the county in which...
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California Evidence Code Section 732
Any expert appointed by the court under Section 730 may be
called and examined by the court or by any party to the action. When
such witness is...
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California Evidence Code Section 733
Nothing contained in this article shall be deemed or construed
to prevent any party to any action from producing other expert
evidence on the same...
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California Evidence Code Section 750
A person who serves as an interpreter or translator in any
action is subject to all the rules of law relating to witnesses.
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California Evidence Code Section 751
(a) An interpreter shall take an oath that he or she will make
a true interpretation to the witness in a language that the witness
understands and...
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California Evidence Code Section 752
(a) When a witness is incapable of understanding the English
language or is incapable of expressing himself or herself in the
English language so as...
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California Evidence Code Section 753
(a) When the written characters in a writing offered in
evidence are incapable of being deciphered or understood directly, a
translator who can...
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California Evidence Code Section 754
(a) As used in this section, "individual who is deaf or
hearing impaired" means an individual with a hearing loss so great as
to prevent his or her...
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California Evidence Code Section 754.5
Whenever an otherwise valid privilege exists between an
individual who is deaf or hearing impaired and another person, that
privilege is not waived...
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California Evidence Code Section 755
(a) In any action or proceeding under Division 10 (commencing
with Section 6200) of the Family Code, and in any action or
proceeding under the...
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California Evidence Code Section 755.5
(a) During any medical examination, requested by an insurer
or by the defendant, of a person who is a party to a civil action and
who does not...
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California Evidence Code Section 760
"Direct examination" is the first examination of a witness
upon a matter that is not within the scope of a previous examination
of the witness.
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California Evidence Code Section 761
"Cross-examination" is the examination of a witness by a party
other than the direct examiner upon a matter that is within the
scope of the direct...
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California Evidence Code Section 762
"Redirect examination" is an examination of a witness by the
direct examiner subsequent to the cross-examination of the witness.
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California Evidence Code Section 763
"Recross-examination" is an examination of a witness by a
cross-examiner subsequent to a redirect examination of the witness.
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California Evidence Code Section 764
A "leading question" is a question that suggests to the
witness the answer that the examining party desires.
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California Evidence Code Section 765
(a) The court shall exercise reasonable control over the mode
of interrogation of a witness so as to make interrogation as rapid,
as distinct, and as
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California Evidence Code Section 766
A witness must give responsive answers to questions, and
answers that are not responsive shall be stricken on motion of any
party.
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California Evidence Code Section 767
(a) Except under special circumstances where the interests of
justice otherwise require:
(1) A leading question may not be asked of a witness on...
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California Evidence Code Section 768
(a) In examining a witness concerning a writing, it is not
necessary to show, read, or disclose to him any part of the writing.
(b) If a writing...
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California Evidence Code Section 769
In examining a witness concerning a statement or other conduct
by him that is inconsistent with any part of his testimony at the
hearing, it is not...
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California Evidence Code Section 770
Unless the interests of justice otherwise require, extrinsic
evidence of a statement made by a witness that is inconsistent with
any part of his...
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California Evidence Code Section 771
(a) Subject to subdivision (c), if a witness, either while
testifying or prior thereto, uses a writing to refresh his memory
with respect to any...
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California Evidence Code Section 772
(a) The examination of a witness shall proceed in the
following phases: direct examination, cross-examination, redirect
examination,...
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California Evidence Code Section 773
(a) A witness examined by one party may be cross-examined upon
any matter within the scope of the direct examination by each other
party to the...
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California Evidence Code Section 774
A witness once examined cannot be reexamined as to the same
matter without leave of the court, but he may be reexamined as to any
new matter upon...
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California Evidence Code Section 775
The court, on its own motion or on the motion of any party,
may call witnesses and interrogate them the same as if they had been
produced by a party...
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California Evidence Code Section 776
(a) A party to the record of any civil action, or a person
identified with such a party, may be called and examined as if under
cross-examination by...
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California Evidence Code Section 777
(a) Subject to subdivisions (b) and (c), the court may exclude
from the courtroom any witness not at the time under examination so
that such witness...
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California Evidence Code Section 778
After a witness has been excused from giving further testimony
in the action, he cannot be recalled without leave of the court.
Leave may be granted...
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California Evidence Code Section 780
Except as otherwise provided by statute, the court or jury may
consider in determining the credibility of a witness any matter that
has any tendency...
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California Evidence Code Section 782
(a) In any of the circumstances described in subdivision (c),
if evidence of sexual conduct of the complaining witness is offered
to attack the...
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California Evidence Code Section 783
In any civil action alleging conduct which constitutes sexual
harassment, sexual assault, or sexual battery, if evidence of sexual
conduct of the...
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California Evidence Code Section 785
The credibility of a witness may be attacked or supported by
any party, including the party calling him.
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California Evidence Code Section 786
Evidence of traits of his character other than honesty or
veracity, or their opposites, is inadmissible to attack or support
the credibility of a...
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California Evidence Code Section 787
Subject to Section 788, evidence of specific instances of his
conduct relevant only as tending to prove a trait of his character is
inadmissible to...
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California Evidence Code Section 788
For the purpose of attacking the credibility of a witness, it
may be shown by the examination of the witness or by the record of
the judgment that he
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California Evidence Code Section 789
Evidence of his religious belief or lack thereof is
inadmissible to attack or support the credibility of a witness.
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California Evidence Code Section 790
Evidence of the good character of a witness is inadmissible to
support his credibility unless evidence of his bad character has
been admitted for the
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California Evidence Code Section 791
Evidence of a statement previously made by a witness that is
consistent with his testimony at the hearing is inadmissible to
support his credibility...
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California Evidence Code Section 795
(a) The testimony of a witness is not inadmissible in a
criminal proceeding by reason of the fact that the witness has
previously undergone hypnosis...
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California Evidence Code Section 800
If a witness is not testifying as an expert, his testimony in
the form of an opinion is limited to such an opinion as is permitted
by law, including...
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California Evidence Code Section 801
If a witness is testifying as an expert, his testimony in the
form of an opinion is limited to such an opinion as is:
(a) Related to a subject...
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California Evidence Code Section 802
A witness testifying in the form of an opinion may state on
direct examination the reasons for his opinion and the matter
(including, in the case of...
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California Evidence Code Section 803
The court may, and upon objection shall, exclude testimony in
the form of an opinion that is based in whole or in significant part
on matter that is...
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California Evidence Code Section 804
(a) If a witness testifying as an expert testifies that his
opinion is based in whole or in part upon the opinion or statement of
another person,...
|
California Evidence Code Section 805
Testimony in the form of an opinion that is otherwise
admissible is not objectionable because it embraces the ultimate
issue to be decided by the...
|
California Evidence Code Section 810
(a) Except where another rule is provided by statute, this
article provides special rules of evidence applicable to any action
in which the value of...
|
California Evidence Code Section 811
As used in this article, "value of property" means market
value of any of the following:
(a) Real property or any interest therein.
(b) Real...
|
California Evidence Code Section 812
This article is not intended to alter or change the existing
substantive law, whether statutory or decisional, interpreting the
meaning of "market...
|
California Evidence Code Section 813
(a) The value of property may be shown only by the opinions of
any of the following:
(1) Witnesses qualified to express such opinions.
(2) The...
|
California Evidence Code Section 814
The opinion of a witness as to the value of property is
limited to such an opinion as is based on matter perceived by or
personally known to the...
|
California Evidence Code Section 815
When relevant to the determination of the value of property, a
witness may take into account as a basis for an opinion the price
and other terms and...
|
California Evidence Code Section 816
When relevant to the determination of the value of property, a
witness may take into account as a basis for his opinion the price
and other terms and
|
California Evidence Code Section 817
(a) Subject to subdivision (b), when relevant to the
determination of the value of property, a witness may take into
account as a basis for an...
|
California Evidence Code Section 818
For the purpose of determining the capitalized value of the
reasonable net rental value attributable to the property or property
interest being...
|
California Evidence Code Section 819
When relevant to the determination of the value of property, a
witness may take into account as a basis for his opinion the
capitalized value of the...
|
California Evidence Code Section 820
When relevant to the determination of the value of property, a
witness may take into account as a basis for his opinion the value
of the property or...
|
California Evidence Code Section 821
When relevant to the determination of the value of property, a
witness may take into account as a basis for his opinion the nature
of the...
|
California Evidence Code Section 822
(a) In an eminent domain or inverse condemnation proceeding,
notwithstanding the provisions of Sections 814 to 821, inclusive, the
following matter...
|
California Evidence Code Section 823
Notwithstanding any other provision of this article, the value
of property for which there is no relevant, comparable market may be
determined by any
|
California Evidence Code Section 824
(a) Notwithstanding any other provision of this article, a
just and equitable method of determining the value of nonprofit,
special use property, as...
|
California Evidence Code Section 870
A witness may state his opinion as to the sanity of a person
when:
(a) The witness is an intimate acquaintance of the person whose
sanity is in...
|
California Evidence Code Section 900
Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this division.
They do not govern...
|
California Evidence Code Section 901
"Proceeding" means any action, hearing, investigation,
inquest, or inquiry (whether conducted by a court, administrative
agency, hearing officer,...
|
California Evidence Code Section 902
"Civil proceeding" means any proceeding except a criminal
proceeding.
|
California Evidence Code Section 903
"Criminal proceeding" means:
(a) A criminal action; and
(b) A proceeding pursuant to Article 3 (commencing with Section
3060) of Chapter 7 of...
|
California Evidence Code Section 905
"Presiding officer" means the person authorized to rule on a
claim of privilege in the proceeding in which the claim is made.
|
California Evidence Code Section 910
Except as otherwise provided by statute, the provisions of
this division apply in all proceedings. The provisions of any
statute making rules of...
|
California Evidence Code Section 911
Except as otherwise provided by statute:
(a) No person has a privilege to refuse to be a witness.
(b) No person has a privilege to refuse to...
|
California Evidence Code Section 912
(a) Except as otherwise provided in this section, the right of
any person to claim a privilege provided by Section 954
(lawyer-client privilege), 980
|
California Evidence Code Section 913
(a) If in the instant proceeding or on a prior occasion a
privilege is or was exercised not to testify with respect to any
matter, or to refuse to...
|
California Evidence Code Section 914
(a) The presiding officer shall determine a claim of privilege
in any proceeding in the same manner as a court determines such a
claim under Article...
|
California Evidence Code Section 915
(a) Subject to subdivision (b), the presiding officer may not
require disclosure of information claimed to be privileged under this
division or...
|
California Evidence Code Section 916
(a) The presiding officer, on his own motion or on the motion
of any party, shall exclude information that is subject to a claim of
privilege under...
|
California Evidence Code Section 917
(a) If a privilege is claimed on the ground that the matter
sought to be disclosed is a communication made in confidence in the
course of the...
|
California Evidence Code Section 918
A party may predicate error on a ruling disallowing a claim of
privilege only if he is the holder of the privilege, except that a
party may predicate
|
California Evidence Code Section 919
(a) Evidence of a statement or other disclosure of privileged
information is inadmissible against a holder of the privilege if:
(1) A person...
|
California Evidence Code Section 920
Nothing in this division shall be construed to repeal by
implication any other statute relating to privileges.
|
California Evidence Code Section 930
To the extent that such privilege exists under the
Constitution of the United States or the State of California, a
defendant in a criminal case has a
|
California Evidence Code Section 940
To the extent that such privilege exists under the
Constitution of the United States or the State of California, a
person has a privilege to refuse...
|
California Evidence Code Section 950
As used in this article, "lawyer" means a person authorized,
or reasonably believed by the client to be authorized, to practice
law in any state or...
|
California Evidence Code Section 951
As used in this article, "client" means a person who, directly
or through an authorized representative, consults a lawyer for the
purpose of...
|
California Evidence Code Section 952
As used in this article, "confidential communication between
client and lawyer" means information transmitted between a client and
his or her lawyer...
|
California Evidence Code Section 953
As used in this article, "holder of the privilege" means:
(a) The client when he has no guardian or conservator.
(b) A guardian or conservator...
|
California Evidence Code Section 954
Subject to Section 912 and except as otherwise provided in
this article, the client, whether or not a party, has a privilege to
refuse to disclose,...
|
California Evidence Code Section 955
The lawyer who received or made a communication subject to the
privilege under this article shall claim the privilege whenever he
is present when the
|
California Evidence Code Section 956
There is no privilege under this article if the services of
the lawyer were sought or obtained to enable or aid anyone to commit
or plan to commit a...
|
California Evidence Code Section 956.5
There is no privilege under this article if the lawyer
reasonably believes that disclosure of any confidential communication
relating to...
|
California Evidence Code Section 957
There is no privilege under this article as to a communication
relevant to an issue between parties all of whom claim through a
deceased client,...
|
California Evidence Code Section 958
There is no privilege under this article as to a communication
relevant to an issue of breach, by the lawyer or by the client, of a
duty arising out...
|
California Evidence Code Section 959
There is no privilege under this article as to a communication
relevant to an issue concerning the intention or competence of a
client executing an...
|
California Evidence Code Section 960
There is no privilege under this article as to a communication
relevant to an issue concerning the intention of a client, now
deceased, with respect...
|
California Evidence Code Section 961
There is no privilege under this article as to a communication
relevant to an issue concerning the validity of a deed of
conveyance, will, or other...
|
California Evidence Code Section 962
Where two or more clients have retained or consulted a lawyer
upon a matter of common interest, none of them, nor the successor in
interest of any of
|
California Evidence Code Section 970
Except as otherwise provided by statute, a married person has
a privilege not to testify against his spouse in any proceeding.
|
California Evidence Code Section 971
Except as otherwise provided by statute, a married person
whose spouse is a party to a proceeding has a privilege not to be
called as a witness by an
|
California Evidence Code Section 972
A married person does not have a privilege under this article
in:
(a) A proceeding brought by or on behalf of one spouse against the
other...
|
California Evidence Code Section 973
(a) Unless erroneously compelled to do so, a married person
who testifies in a proceeding to which his spouse is a party, or who
testifies against...
|
California Evidence Code Section 980
Subject to Section 912 and except as otherwise provided in
this article, a spouse (or his guardian or conservator when he has a
guardian or...
|
California Evidence Code Section 981
There is no privilege under this article if the communication
was made, in whole or in part, to enable or aid anyone to commit or
plan to commit a...
|
California Evidence Code Section 982
There is no privilege under this article in a proceeding to
commit either spouse or otherwise place him or his property, or both,
under the control...
|
California Evidence Code Section 983
There is no privilege under this article in a proceeding
brought by or on behalf of either spouse to establish his competence.
|
California Evidence Code Section 984
There is no privilege under this article in:
(a) A proceeding brought by or on behalf of one spouse against the
other spouse.
(b) A proceeding...
|
California Evidence Code Section 985
There is no privilege under this article in a criminal
proceeding in which one spouse is charged with:
(a) A crime committed at any time against...
|
California Evidence Code Section 986
There is no privilege under this article in a proceeding under
the Juvenile Court Law, Chapter 2 (commencing with Section 200) of
Part 1 of Division...
|
California Evidence Code Section 987
There is no privilege under this article in a criminal
proceeding in which the communication is offered in evidence by a
defendant who is one of the...
|
California Evidence Code Section 990
As used in this article, "physician" means a person
authorized, or reasonably believed by the patient to be authorized,
to practice medicine in any...
|
California Evidence Code Section 991
As used in this article, "patient" means a person who consults
a physician or submits to an examination by a physician for the
purpose of securing a...
|
California Evidence Code Section 992
As used in this article, "confidential communication between
patient and physician" means information, including information
obtained by an...
|
California Evidence Code Section 993
As used in this article, "holder of the privilege" means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator
|
California Evidence Code Section 994
Subject to Section 912 and except as otherwise provided in
this article, the patient, whether or not a party, has a privilege to
refuse to disclose,...
|
California Evidence Code Section 995
The physician who received or made a communication subject to
the privilege under this article shall claim the privilege whenever
he is present when...
|
California Evidence Code Section 996
There is no privilege under this article as to a communication
relevant to an issue concerning the condition of the patient if such
issue has been...
|
California Evidence Code Section 997
There is no privilege under this article if the services of
the physician were sought or obtained to enable or aid anyone to
commit or plan to commit
|
California Evidence Code Section 998
There is no privilege under this article in a criminal
proceeding.
|
California Evidence Code Section 999
There is no privilege under this article as to a communication
relevant to an issue concerning the condition of the patient in a
proceeding to...
|
California Evidence Code Section 1000
There is no privilege under this article as to a
communication relevant to an issue between parties all of whom claim
through a deceased patient,...
|
California Evidence Code Section 1001
There is no privilege under this article as to a
communication relevant to an issue of breach, by the physician or by
the patient, of a duty arising...
|
California Evidence Code Section 1002
There is no privilege under this article as to a
communication relevant to an issue concerning the intention of a
patient, now deceased, with respect
|
California Evidence Code Section 1003
There is no privilege under this article as to a
communication relevant to an issue concerning the validity of a deed
of conveyance, will, or other...
|
California Evidence Code Section 1004
There is no privilege under this article in a proceeding to
commit the patient or otherwise place him or his property, or both,
under the control of...
|
California Evidence Code Section 1005
There is no privilege under this article in a proceeding
brought by or on behalf of the patient to establish his competence.
|
California Evidence Code Section 1006
There is no privilege under this article as to information
that the physician or the patient is required to report to a public
employee, or as to...
|
California Evidence Code Section 1007
There is no privilege under this article in a proceeding
brought by a public entity to determine whether a right, authority,
license, or privilege...
|
California Evidence Code Section 1010
As used in this article, "psychotherapist" means a person who
is, or is reasonably believed by the patient to be:
(a) A person authorized to...
|
California Evidence Code Section 1010.5
A communication between a patient and an educational
psychologist, licensed under Article 5 (commencing with Section 4986)
of Chapter 13 of Division...
|
California Evidence Code Section 1011
As used in this article, "patient" means a person who
consults a psychotherapist or submits to an examination by a
psychotherapist for the purpose of
|
California Evidence Code Section 1012
As used in this article, "confidential communication between
patient and psychotherapist" means information, including information
obtained by an...
|
California Evidence Code Section 1013
As used in this article, "holder of the privilege" means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator
|
California Evidence Code Section 1014
Subject to Section 912 and except as otherwise provided in
this article, the patient, whether or not a party, has a privilege to
refuse to disclose,...
|
California Evidence Code Section 1015
The psychotherapist who received or made a communication
subject to the privilege under this article shall claim the privilege
whenever he is present
|
California Evidence Code Section 1016
There is no privilege under this article as to a
communication relevant to an issue concerning the mental or emotional
condition of the patient if...
|
California Evidence Code Section 1017
(a) There is no privilege under this article if the
psychotherapist is appointed by order of a court to examine the
patient, but this exception does...
|
California Evidence Code Section 1018
There is no privilege under this article if the services of
the psychotherapist were sought or obtained to enable or aid anyone
to commit or plan to...
|
California Evidence Code Section 1019
There is no privilege under this article as to a
communication relevant to an issue between parties all of whom claim
through a deceased patient,...
|
California Evidence Code Section 1020
There is no privilege under this article as to a
communication relevant to an issue of breach, by the psychotherapist
or by the patient, of a duty...
|
California Evidence Code Section 1021
There is no privilege under this article as to a
communication relevant to an issue concerning the intention of a
patient, now deceased, with respect
|
California Evidence Code Section 1022
There is no privilege under this article as to a
communication relevant to an issue concerning the validity of a deed
of conveyance, will, or other...
|
California Evidence Code Section 1023
There is no privilege under this article in a proceeding
under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2
of the Penal Code...
|
California Evidence Code Section 1024
There is no privilege under this article if the
psychotherapist has reasonable cause to believe that the patient is
in such mental or emotional...
|
California Evidence Code Section 1025
There is no privilege under this article in a proceeding
brought by or on behalf of the patient to establish his competence.
|
California Evidence Code Section 1026
There is no privilege under this article as to information
that the psychotherapist or the patient is required to report to a
public employee or as...
|
California Evidence Code Section 1027
There is no privilege under this article if all of the
following circumstances exist:
(a) The patient is a child under the age of 16.
(b) The...
|
California Evidence Code Section 1030
As used in this article, a "member of the clergy" means a
priest, minister, religious practitioner, or similar functionary of a
church or of a...
|
California Evidence Code Section 1031
As used in this article, "penitent" means a person who has
made a penitential communication to a member of the clergy.
|
California Evidence Code Section 1032
As used in this article, "penitential communication" means a
communication made in confidence, in the presence of no third person
so far as the...
|
California Evidence Code Section 1033
Subject to Section 912, a penitent, whether or not a party,
has a privilege to refuse to disclose, and to prevent another from
disclosing, a...
|
California Evidence Code Section 1034
Subject to Section 912, a member of the clergy, whether or
not a party, has a privilege to refuse to disclose a penitential
communication if he or...
|
California Evidence Code Section 1035
As used in this article, "victim" means a person who consults
a sexual assault counselor for the purpose of securing advice or
assistance concerning...
|
California Evidence Code Section 1035.2
As used in this article, "sexual assault counselor" means
any of the following:
(a) A person who is engaged in any office, hospital, institution,...
|
California Evidence Code Section 1035.4
As used in this article, "confidential communication
between the sexual assault counselor and the victim" means
information transmitted between the...
|
California Evidence Code Section 1035.6
As used in this article, "holder of the privilege" means:
(a) The victim when such person has no guardian or conservator.
(b) A guardian or...
|
California Evidence Code Section 1035.8
A victim of a sexual assault, whether or not a party, has a
privilege to refuse to disclose, and to prevent another from
disclosing, a confidential...
|
California Evidence Code Section 1036
The sexual assault counselor who received or made a
communication subject to the privilege under this article shall claim
the privilege if he or she...
|
California Evidence Code Section 1036.2
As used in this article, "sexual assault" includes all of
the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful...
|
California Evidence Code Section 1037
As used in this article, "victim" means any person who
suffers domestic violence, as defined in Section 1037.7.
|
California Evidence Code Section 1037.1
(a) (1) As used in this article, "domestic violence
counselor" means a person who is employed by a domestic violence
victim service organization, as...
|
California Evidence Code Section 1037.2
(a) As used in this article, "confidential communication"
means any information, including, but not limited to, written or oral
communication,...
|
California Evidence Code Section 1037.3
Nothing in this article shall be construed to limit any
obligation to report instances of child abuse as required by Section
11166 of the Penal Code.
|
California Evidence Code Section 1037.4
As used in this article, "holder of the privilege" means:
(a) The victim when he or she has no guardian or conservator.
(b) A guardian or...
|
California Evidence Code Section 1037.5
A victim of domestic violence, whether or not a party to
the action, has a privilege to refuse to disclose, and to prevent
another from disclosing, a
|
California Evidence Code Section 1037.6
The domestic violence counselor who received or made a
communication subject to the privilege granted by this article shall
claim the privilege...
|
California Evidence Code Section 1037.7
As used in this article, "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
|
California Evidence Code Section 1037.8
A domestic violence counselor shall inform a domestic
violence victim of any applicable limitations on confidentiality of
communications between the...
|
California Evidence Code Section 1038
(a) A trafficking victim, whether or not a party to the
action, has a privilege to refuse to disclose, and to prevent another
from disclosing, a...
|
California Evidence Code Section 1038.1
(a) The court may compel disclosure of information received
by a human trafficking caseworker that constitutes relevant evidence
of the facts and...
|
California Evidence Code Section 1038.2
(a) As used in this article, "victim" means any person who
is a "trafficking victim" as defined in Section 236.1.
(b) As used in this article,...
|
California Evidence Code Section 1040
(a) As used in this section, "official information" means
information acquired in confidence by a public employee in the course
of his or her duty...
|
California Evidence Code Section 1041
(a) Except as provided in this section, a public entity has a
privilege to refuse to disclose the identity of a person who has
furnished information...
|
California Evidence Code Section 1042
(a) Except where disclosure is forbidden by an act of the
Congress of the United States, if a claim of privilege under this
article by the state or a
|
California Evidence Code Section 1043
(a) In any case in which discovery or disclosure is sought of
peace or custodial officer personnel records or records maintained
pursuant to Section...
|
California Evidence Code Section 1044
Nothing in this article shall be construed to affect the
right of access to records of medical or psychological history where
such access would...
|
California Evidence Code Section 1045
(a) Nothing in this article shall be construed to affect the
right of access to records of complaints, or investigations of
complaints, or discipline
|
California Evidence Code Section 1046
In any case, otherwise authorized by law, in which the party
seeking disclosure is alleging excessive force by a peace officer or
custodial officer,...
|
California Evidence Code Section 1047
Records of peace officers or custodial officers, as defined
in Section 831.5 of the Penal Code, including supervisorial officers,
who either were not
|
California Evidence Code Section 1050
If he claims the privilege, a person has a privilege to
refuse to disclose the tenor of his vote at a public election where
the voting is by secret...
|
California Evidence Code Section 1060
If he or his agent or employee claims the privilege, the
owner of a trade secret has a privilege to refuse to disclose the
secret, and to prevent...
|
California Evidence Code Section 1061
(a) For purposes of this section, and Sections 1062 and 1063:
(1) "Trade secret" means "trade secret," as defined in subdivision
(d) of Section...
|
California Evidence Code Section 1062
(a) Notwithstanding any other provision of law, in a criminal
case, the court, upon motion of the owner of a trade secret, or upon
motion by the...
|
California Evidence Code Section 1063
The following provisions shall govern requests to seal
articles which are protected by a protective order entered pursuant
to Evidence Code Section...
|
California Evidence Code Section 1070
(a) A publisher, editor, reporter, or other person connected
with or employed upon a newspaper, magazine, or other periodical
publication, or by a...
|
California Evidence Code Section 1100
Except as otherwise provided by statute, any otherwise
admissible evidence (including evidence in the form of an opinion,
evidence of reputation, and
|
California Evidence Code Section 1101
(a) Except as provided in this section and in Sections 1102,
1103, 1108, and 1109, evidence of a person's character or a trait of
his or her...
|
California Evidence Code Section 1102
In a criminal action, evidence of the defendant's character
or a trait of his character in the form of an opinion or evidence of
his reputation is...
|
California Evidence Code Section 1103
(a) In a criminal action, evidence of the character or a
trait of character (in the form of an opinion, evidence of
reputation, or evidence of...
|
California Evidence Code Section 1104
Except as provided in Sections 1102 and 1103, evidence of a
trait of a person's character with respect to care or skill is
inadmissible to prove the...
|
California Evidence Code Section 1105
Any otherwise admissible evidence of habit or custom is
admissible to prove conduct on a specified occasion in conformity
with the habit or custom.
|
California Evidence Code Section 1106
(a) In any civil action alleging conduct which constitutes
sexual harassment, sexual assault, or sexual battery, opinion
evidence, reputation...
|
California Evidence Code Section 1107
(a) In a criminal action, expert testimony is admissible by
either the prosecution or the defense regarding intimate partner
battering and its...
|
California Evidence Code Section 1108
(a) In a criminal action in which the defendant is accused of
a sexual offense, evidence of the defendant's commission of another
sexual offense or...
|
California Evidence Code Section 1109
(a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic...
|
California Evidence Code Section 1115
For purposes of this chapter:
(a) "Mediation" means a process in which a neutral person or
persons facilitate communication between the disputants
|
California Evidence Code Section 1116
(a) Nothing in this chapter expands or limits a court's
authority to order participation in a dispute resolution proceeding.
Nothing in this chapter...
|
California Evidence Code Section 1117
(a) Except as provided in subdivision (b), this chapter
applies to a mediation as defined in Section 1115.
(b) This chapter does not apply to...
|
California Evidence Code Section 1118
An oral agreement "in accordance with Section 1118" means an
oral agreement that satisfies all of the following conditions:
(a) The oral agreement
|
California Evidence Code Section 1119
Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the
purpose of, in the course of, or...
|
California Evidence Code Section 1120
(a) Evidence otherwise admissible or subject to discovery
outside of a mediation or a mediation consultation shall not be or
become inadmissible or...
|
California Evidence Code Section 1121
Neither a mediator nor anyone else may submit to a court or
other adjudicative body, and a court or other adjudicative body may
not consider, any...
|
California Evidence Code Section 1122
(a) A communication or a writing, as defined in Section 250,
that is made or prepared for the purpose of, or in the course of, or
pursuant to, a...
|
California Evidence Code Section 1123
A written settlement agreement prepared in the course of, or
pursuant to, a mediation, is not made inadmissible, or protected from
disclosure, by...
|
California Evidence Code Section 1124
An oral agreement made in the course of, or pursuant to, a
mediation is not made inadmissible, or protected from disclosure, by
the provisions of...
|
California Evidence Code Section 1125
(a) For purposes of confidentiality under this chapter, a
mediation ends when any one of the following conditions is satisfied:
(1) The parties...
|
California Evidence Code Section 1126
Anything said, any admission made, or any writing that is
inadmissible, protected from disclosure, and confidential under this
chapter before a...
|
California Evidence Code Section 1127
If a person subpoenas or otherwise seeks to compel a mediator
to testify or produce a writing, as defined in Section 250, and the
court or other...
|
California Evidence Code Section 1128
Any reference to a mediation during any subsequent trial is
an irregularity in the proceedings of the trial for the purposes of
Section 657 of the...
|
California Evidence Code Section 1150
(a) Upon an inquiry as to the validity of a verdict, any
otherwise admissible evidence may be received as to statements made,
or conduct, conditions,
|
California Evidence Code Section 1151
When, after the occurrence of an event, remedial or
precautionary measures are taken, which, if taken previously, would
have tended to make the event
|
California Evidence Code Section 1152
(a) Evidence that a person has, in compromise or from
humanitarian motives, furnished or offered or promised to furnish
money or any other thing,...
|
California Evidence Code Section 1153
Evidence of a plea of guilty, later withdrawn, or of an offer
to plead guilty to the crime charged or to any other crime, made by
the defendant in a...
|
California Evidence Code Section 1153.5
Evidence of an offer for civil resolution of a criminal
matter pursuant to the provisions of Section 33 of the Code of Civil
Procedure, or admissions
|
California Evidence Code Section 1154
Evidence that a person has accepted or offered or promised to
accept a sum of money or any other thing, act, or service in
satisfaction of a claim,...
|
California Evidence Code Section 1155
Evidence that a person was, at the time a harm was suffered
by another, insured wholly or partially against loss arising from
liability for that harm
|
California Evidence Code Section 1156
(a) In-hospital medical or medical-dental staff committees of
a licensed hospital may engage in research and medical or dental
study for the purpose...
|
California Evidence Code Section 1156.1
(a) A committee established in compliance with Sections
4070 and 5624 of the Welfare and Institutions Code may engage in
research and medical or...
|
California Evidence Code Section 1157
(a) Neither the proceedings nor the records of organized
committees of medical, medical-dental, podiatric, registered
dietitian, psychological,...
|
California Evidence Code Section 1157.5
Except in actions involving a claim of a provider of health
care services for payment for such services, the prohibition
relating to discovery or...
|
California Evidence Code Section 1157.6
Neither the proceedings nor the records of a committee
established in compliance with Sections 4070 and 5624 of the Welfare
and Institutions Code...
|
California Evidence Code Section 1157.7
The prohibition relating to discovery or testimony provided
in Section 1157 shall be applicable to proceedings and records of
any committee...
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California Evidence Code Section 1158
Whenever, prior to the filing of any action or the appearance
of a defendant in an action, an attorney at law or his or her
representative presents a
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California Evidence Code Section 1159
(a) No evidence pertaining to live animal experimentation,
including, but not limited to, injury, impact, or crash
experimentation, shall be...
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California Evidence Code Section 1160
(a) The portion of statements, writings, or benevolent
gestures expressing sympathy or a general sense of benevolence
relating to the pain,...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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.
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California Evidence Code Section 1204
A statement that is otherwise admissible as hearsay evidence
is inadmissible against the defendant in a criminal action if the
statement was made,...
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California Evidence Code Section 1205
Nothing in this division shall be construed to repeal by
implication any other statute relating to hearsay evidence.
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 1231.2
A peace officer may administer and certify oaths for
purposes of this article.
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California Evidence Code Section 1231.3
Any law enforcement officer testifying as to any hearsay
statement pursuant to this article shall either have five years of
law enforcement...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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,...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 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,...
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California Evidence Code Section 1252
Evidence of a statement is inadmissible under this article if
the statement was made under circumstances such as to indicate its
lack of...
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California Evidence Code Section 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...
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California Evidence Code Section 1260
(a) Evidence of a statement made by a declarant who is
unavailable as a witness that he has or has not made a will, or has
or has not revoked his...
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California Evidence Code Section 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...
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California Evidence Code Section 1270
As used in this article, "a business" includes every kind of
business, governmental activity, profession, occupation, calling, or
operation of...
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California Evidence Code Section 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,...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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,...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 1294
(a) The following evidence of prior inconsistent statements
of a witness properly admitted in a preliminary hearing or trial of
the same criminal...
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 1311
(a) Subject to subdivision (b), evidence of a statement
concerning the birth, marriage, divorce, death, parent and child
relationship, race,...
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California Evidence Code Section 1312
Evidence of entries in family Bibles or other family books or
charts, engravings on rings, family portraits, engravings on urns,
crypts, or...
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California Evidence Code Section 1313
Evidence of reputation among members of a family is not made
inadmissible by the hearsay rule if the reputation concerns the
birth, marriage,...
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California Evidence Code Section 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...
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California Evidence Code Section 1315
Evidence of a statement concerning a person's birth,
marriage, divorce, death, parent and child relationship, race,
ancestry, relationship by blood...
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California Evidence Code Section 1316
Evidence of a statement concerning a person's birth,
marriage, divorce, death, parent and child relationship, race,
ancestry, relationship by blood...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 1322
Evidence of reputation in a community is not made
inadmissible by the hearsay rule if the reputation concerns
boundaries of, or customs affecting,...
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 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
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California Evidence Code Section 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...
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California Evidence Code Section 1340
Evidence of a statement, other than an opinion, contained in
a tabulation, list, directory, register, or other published
compilation is not made...
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California Evidence Code Section 1341
Historical works, books of science or art, and published maps
or charts, made by persons indifferent between the parties, are not
made inadmissible...
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California Evidence Code 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...
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California Evidence Code 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...
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California Evidence Code Section 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...
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California Evidence Code Section 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...
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California Evidence Code Section 1400
Authentication of a writing means (a) the introduction of
evidence sufficient to sustain a finding that it is the writing that
the proponent of the...
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California Evidence Code Section 1401
(a) Authentication of a writing is required before it may be
received in evidence.
(b) Authentication of a writing is required before secondary...
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California Evidence Code Section 1402
The party producing a writing as genuine which has been
altered, or appears to have been altered, after its execution, in a
part material to the...
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California Evidence Code Section 1410
Nothing in this article shall be construed to limit the means
by which a writing may be authenticated or proved.
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California Evidence Code Section 1410.5
(a) For purposes of this chapter, a writing shall include
any graffiti consisting of written words, insignia, symbols, or any
other markings which...
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California Evidence Code Section 1411
Except as provided by statute, the testimony of a subscribing
witness is not required to authenticate a writing.
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California Evidence Code Section 1412
If the testimony of a subscribing witness is required by
statute to authenticate a writing and the subscribing witness denies
or does not recollect...
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California Evidence Code Section 1413
A writing may be authenticated by anyone who saw the writing
made or executed, including a subscribing witness.
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California Evidence Code Section 1414
A writing may be authenticated by evidence that:
(a) The party against whom it is offered has at any time admitted
its authenticity; or
(b) The
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California Evidence Code Section 1415
A writing may be authenticated by evidence of the genuineness
of the handwriting of the maker.
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California Evidence Code Section 1416
A witness who is not otherwise qualified to testify as an
expert may state his opinion whether a writing is in the handwriting
of a supposed writer...
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California Evidence Code Section 1417
The genuineness of handwriting, or the lack thereof, may be
proved by a comparison made by the trier of fact with handwriting (a)
which the court...
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California Evidence Code Section 1418
The genuineness of writing, or the lack thereof, may be
proved by a comparison made by an expert witness with writing (a)
which the court finds was...
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California Evidence Code Section 1419
Where a writing whose genuineness is sought to be proved is
more than 30 years old, the comparison under Section 1417 or 1418 may
be made with...
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California Evidence Code Section 1420
A writing may be authenticated by evidence that the writing
was received in response to a communication sent to the person who is
claimed by the...
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California Evidence Code Section 1421
A writing may be authenticated by evidence that the writing
refers to or states matters that are unlikely to be known to anyone
other than the person
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California Evidence Code Section 1450
The presumptions established by this article are presumptions
affecting the burden of producing evidence.
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California Evidence Code Section 1451
A certificate of the acknowledgment of a writing other than a
will, or a certificate of the proof of such a writing, is prima
facie evidence of the...
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California Evidence Code Section 1452
A seal is presumed to be genuine and its use authorized if it
purports to be the seal of:
(a) The United States or a department, agency, or public
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California Evidence Code Section 1453
A signature is presumed to be genuine and authorized if it
purports to be the signature, affixed in his official capacity, of:
(a) A public...
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California Evidence Code Section 1454
A signature is presumed to be genuine and authorized if it
purports to be the signature, affixed in his official capacity, of an
officer, or deputy...
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California Evidence Code Section 1520
The content of a writing may be proved by an otherwise
admissible original.
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California Evidence Code Section 1521
(a) The content of a writing may be proved by otherwise
admissible secondary evidence. The court shall exclude secondary
evidence of the content of...
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California Evidence Code Section 1522
(a) In addition to the grounds for exclusion authorized by
Section 1521, in a criminal action the court shall exclude secondary
evidence of the...
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California Evidence Code Section 1523
(a) Except as otherwise provided by statute, oral testimony
is not admissible to prove the content of a writing.
(b) Oral testimony of the content
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California Evidence Code Section 1530
(a) A purported copy of a writing in the custody of a public
entity, or of an entry in such a writing, is prima facie evidence of
the existence and...
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California Evidence Code Section 1531
For the purpose of evidence, whenever a copy of a writing is
attested or certified, the attestation or certificate must state in
substance that the...
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California Evidence Code Section 1532
(a) The official record of a writing is prima facie evidence
of the existence and content of the original recorded writing if:
(1) The record is...
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California Evidence Code Section 1550
(a) If made and preserved as a part of the records of a
business, as defined in Section 1270, in the regular course of that
business, the following...
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California Evidence Code Section 1550
(a) If made and preserved as a part of the records of a
business, as defined in Section 1270, in the regular course of that
business, the following...
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California Evidence Code Section 1550.1
Reproductions of files, records, writings, photographs,
fingerprints or other instruments in the official custody of a
criminal justice agency that...
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California Evidence Code Section 1551
A print, whether enlarged or not, from a photographic film
(including a photographic plate, microphotographic film, photostatic
negative, or similar...
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California Evidence Code Section 1552
(a) A printed representation of computer information or a
computer program is presumed to be an accurate representation of the
computer information...
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California Evidence Code Section 1553
A printed representation of images stored on a video or
digital medium is presumed to be an accurate representation of the
images it purports to...
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California Evidence Code Section 1560
(a) As used in this article:
(1) "Business" includes every kind of business described in
Section 1270.
(2) "Record" includes every kind of...
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California Evidence Code Section 1561
(a) The records shall be accompanied by the affidavit of the
custodian or other qualified witness, stating in substance each of
the following:
(1)
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California Evidence Code Section 1562
If the original records would be admissible in evidence if
the custodian or other qualified witness had been present and
testified to the matters...
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California Evidence Code Section 1563
(a) This article shall not be interpreted to require tender
or payment of more than one witness fee and one mileage fee or other
charge, to a witness
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California Evidence Code Section 1564
The personal attendance of the custodian or other qualified
witness and the production of the original records is not required
unless, at the...
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California Evidence Code Section 1565
If more than one subpoena duces tecum is served upon the
custodian of records or other qualified witness and the personal
attendance of the custodian
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California Evidence Code Section 1566
This article applies in any proceeding in which testimony can
be compelled.
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California Evidence Code Section 1567
A completed form described in Section 3664 of the Family Code
for income and benefit information provided by the employer may be
admissible in a...
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California Evidence Code Section 1600
(a) The record of an instrument or other document purporting
to establish or affect an interest in property is prima facie
evidence of the existence...
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California Evidence Code Section 1601
(a) Subject to subdivisions (b) and (c), when in any action
it is desired to prove the contents of the official record of any
writing lost or...
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California Evidence Code Section 1603
A deed of conveyance of real property, purporting to have
been executed by a proper officer in pursuance of legal process of
any of the courts of...
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California Evidence Code Section 1604
A certificate of purchase, or of location, of any lands in
this state, issued or made in pursuance of any law of the United
States or of this state,...
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California Evidence Code Section 1605
Duplicate copies and authenticated translations of original
Spanish title papers relating to land claims in this state, derived
from the Spanish or...
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