California Evidence Code DIVISION 2 - WORDS AND PHRASES DEFINED

  • Section 100.
    Unless the provision or context otherwise requires, these definitions govern the construction of this code.(Enacted by Stats. 1965, Ch. 299.)
  • Section 105.
    “Action” includes a civil action and a criminal action.(Enacted by Stats. 1965, Ch. 299.)
  • 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.(Enacted by Stats....
  • 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...
  • Section 120.
    “Civil action” includes civil proceedings.(Enacted by Stats. 1965, Ch. 299.)
  • Section 125.
    “Conduct” includes all active and passive behavior, both verbal and nonverbal.(Enacted by Stats. 1965, Ch. 299.)
  • Section 130.
    “Criminal action” includes criminal proceedings.(Enacted by Stats. 1965, Ch. 299.)
  • Section 135.
    “Declarant” is a person who makes a statement.(Enacted by Stats. 1965, Ch. 299.)
  • Section 140.
    “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.(Enacted...
  • Section 145.
    “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.(Enacted by Stats. 1965, Ch. 299.)
  • Section 150.
    “Hearsay evidence” is defined in Section 1200.(Enacted by Stats. 1965, Ch. 299.)
  • Section 160.
    “Law” includes constitutional, statutory, and decisional law.(Enacted by Stats. 1965, Ch. 299.)
  • Section 165.
    “Oath” includes affirmation or declaration under penalty of perjury.(Enacted by Stats. 1965, Ch. 299.)
  • Section 170.
    “Perceive” means to acquire knowledge through one’s senses.(Enacted by Stats. 1965, Ch. 299.)
  • Section 175.
    “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.(Amended by Stats. 1994, Ch. 1010, Sec. 103....
  • 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 activities or...
  • Section 180.
    “Personal property” includes money, goods, chattels, things in action, and evidences of debt.(Enacted by Stats. 1965, Ch. 299.)
  • Section 185.
    “Property” includes both real and personal property.(Enacted by Stats. 1965, Ch. 299.)
  • 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...
  • Section 195.
    “Public employee” means an officer, agent, or employee of a public entity.(Enacted by Stats. 1965, Ch. 299.)
  • Section 200.
    “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether...
  • Section 205.
    “Real property” includes lands, tenements, and hereditaments.(Enacted by Stats. 1965, Ch. 299.)
  • Section 210.
    “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove...
  • Section 215.
    “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.(Added by Stats. 2016, Ch. 50, Sec. 32. (SB 1005) Effective January...
  • 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, district,...
  • 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...
  • Section 230.
    “Statute” includes a treaty and a constitutional provision.(Enacted by Stats. 1965, Ch. 299.)
  • 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...
  • 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 precluded on the ground...
  • Section 250.
    “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any...
  • 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...
  • 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 enlargements...

Last modified: October 22, 2018