California Evidence Code Section 1390
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California Laws > Evidence Code > California Evidence Code Section 1390
1390. (a) Evidence of a statement is not made inadmissible by the
hearsay rule if the statement is offered against a party that has
engaged, or aided and abetted, in the wrongdoing that was intended
to, and did, procure the unavailability of the declarant as a
(b) (1) The party seeking to introduce a statement pursuant to
subdivision (a) shall establish, by a preponderance of the evidence,
that the elements of subdivision (a) have been met at a foundational
(2) The hearsay evidence that is the subject of the foundational
hearing is admissible at the foundational hearing. However, a finding
that the elements of subdivision (a) have been met shall not be
based solely on the unconfronted hearsay statement of the unavailable
declarant, and shall be supported by independent corroborative
(3) The foundational hearing shall be conducted outside the
presence of the jury. However, if the hearing is conducted after a
jury trial has begun, the judge presiding at the hearing may consider
evidence already presented to the jury in deciding whether the
elements of subdivision (a) have been met.
(4) In deciding whether or not to admit the statement, the judge
may take into account whether it is trustworthy and reliable.
(c) This section shall apply to any civil, criminal, or juvenile
case or proceeding initiated or pending as of January 1, 2011.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. If this section is repealed, the fact that it is repealed,
should it occur, shall not be deemed to give rise to any ground for
an appeal or a postverdict challenge based on its use in a criminal
or juvenile case or proceeding before January 1, 2016.
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Last modified: October 1, 2013