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California Evidence Code Section 400

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As used in this article, "preliminary fact" means a fact upon
the existence or nonexistence of which depends the admissibility or
inadmissibility of evidence.  The phrase "the admissibility or
inadmissibility of evidence" includes the qualification or
disqualification of a person to be a witness and the existence or
nonexistence of a privilege.

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Last modified: January 12, 2009