California Evidence Code

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• California Evidence Code Section 1
  This code shall be known as the Evidence Code.
• 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...
• 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...
• 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 code.
• 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.
• 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...
• 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 term occurs....
• California Evidence Code Section 8
  The present tense includes the past and future tenses; and the future, the present.
• California Evidence Code Section 9
  The masculine gender includes the feminine and neuter.
• California Evidence Code Section 10
  The singular number includes the plural; and the plural, the singular.
• California Evidence Code Section 11
  "Shall" is mandatory and "may" is permissive.
• 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...
• California Evidence Code Section 100
  Unless the provision or context otherwise requires, these definitions govern the construction of this code.
• California Evidence Code Section 105
  "Action" includes a civil action and a criminal action.
• 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.
• 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...
• California Evidence Code Section 120
  "Civil action" includes civil proceedings.
• California Evidence Code Section 125
  "Conduct" includes all active and passive behavior, both verbal and nonverbal.
• California Evidence Code Section 130
  "Criminal action" includes criminal proceedings.
• California Evidence Code Section 135
  "Declarant" is a person who makes a statement.
• 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 nonexistence of a fact.
• 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.
• California Evidence Code Section 150
  "Hearsay evidence" is defined in Section 1200.
• California Evidence Code Section 160
  "Law" includes constitutional, statutory, and decisional law.
• California Evidence Code Section 165
  "Oath" includes affirmation or declaration under penalty of perjury.
• California Evidence Code Section 170
  "Perceive" means to acquire knowledge through one's senses.
• California Evidence Code Section 175
  "Person" includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
• 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 activities or...
• California Evidence Code Section 180
  "Personal property" includes money, goods, chattels, things in action, and evidences of debt.
• California Evidence Code Section 185
  "Property" includes both real and personal property.
• 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
• California Evidence Code Section 195
  "Public employee" means an officer, agent, or employee of a public entity.
• 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 subdivision or public corporation, whether...
• California Evidence Code Section 205
  "Real property" includes lands, tenements, and hereditaments.
• 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 to prove or disprove...
• 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, district,...
• 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...
• California Evidence Code Section 230
  "Statute" includes a treaty and a constitutional provision.
• 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...
• 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 precluded...
• California Evidence Code 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...
• 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...
• 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 enlargements...
• 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...
• 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 evidence, and other...
• 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...
• 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)...
• California Evidence Code Section 320
  Except as otherwise provided by law, the court in its discretion shall regulate the order of proof.
• California Evidence Code Section 350
  No evidence is admissible except relevant evidence.
• California Evidence Code Section 351
  Except as otherwise provided by statute, all relevant evidence is admissible.
• 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 offer...
• 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) necessitate undue...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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 evidence. The...
• 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 nonexistence of a preliminary
• 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 court...
• 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 evidence...
• 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 proffered...
• 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 court...
• 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.
• 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 true,...
• 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...
• 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...
• 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...
• California Evidence Code Section 450
  Judicial notice may not be taken of any matter unless authorized or required by law.
• 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 States and...
• 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, constitutional, and...
• 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 specified by the...
• 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...
• 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 the advice...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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,...
• 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...
• 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.
• 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...
• 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.
• 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.
• 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.
• 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...
• 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...
• 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...
• 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 evidence or (b) a presumption...
• 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.
• 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 determination of the...
• 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...
• 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 of the particular...
• 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...
• 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 defendant's guilt,...
• California Evidence Code Section 620
  The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions.
• 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 this...
• 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...
• 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.
• 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, are presumptions affecting...
• California Evidence Code Section 631
  Money delivered by one to another is presumed to have been due to the latter.
• California Evidence Code Section 632
  A thing delivered by one to another is presumed to have belonged to the latter.
• California Evidence Code Section 633
  An obligation delivered up to the debtor is presumed to have been paid.
• 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...
• California Evidence Code Section 635
  An obligation possessed by the creditor is presumed not to have been paid.
• California Evidence Code Section 636
  The payment of earlier rent or installments is presumed from a receipt for later rent or installments.
• California Evidence Code Section 637
  The things which a person possesses are presumed to be owned by him.
• California Evidence Code Section 638
  A person who exercises acts of ownership over property is presumed to be the owner of it.
• 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...
• California Evidence Code Section 640
  A writing is presumed to have been truly dated.
• California Evidence Code Section 641
  A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.
• 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...
• 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...
• 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.
• 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...
• 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 average intervals not...
• 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 res ipsa...
• 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 upon...
• 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, are presumptions affecting...
• 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...
• California Evidence Code Section 663
  A ceremonial marriage is presumed to be valid.
• 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...
• 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 the specific...
• 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...
• California Evidence Code Section 667
  A person not heard from in five years is presumed to be dead.
• 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 intent...
• 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;...
• 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 of...
• 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...
• 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...
• 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...
• 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...
• 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. Against...
• 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...
• 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 civil proceeding, as...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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
• 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...
• 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 such...
• 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...
• 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...
• 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.
• 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...
• 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...
• 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 decipher the...
• 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...
• 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 merely because...
• 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...
• 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...
• 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.
• 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...
• 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.
• 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.
• California Evidence Code Section 764
  A "leading question" is a question that suggests to the witness the answer that the examining party desires.
• 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...
• 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.
• 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 direct...
• 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)...
• 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...
• 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 testimony...
• 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...
• California Evidence Code Section 772
  (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and continuing thereafter by redirect and recross-examination....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 credibility...
• 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 plaintiff is offered...
• California Evidence Code Section 785
  The credibility of a witness may be attacked or supported by any party, including the party calling him.
• 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 witness.
• 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...
• 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...
• California Evidence Code Section 789
  Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.
• 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...
• 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 unless...
• 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...
• 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...
• 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)...
• 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...
• 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...
• 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...
• 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 value," whether denominated...
• 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)...
• 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...
• 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...
• 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...
• 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...
• 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 valued as provided...
• 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...
• 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...
• 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...
• 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 is inadmissible as evidence...
• 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 method...
• 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 defined by...
• 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...
• 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 the construction of...
• California Evidence Code Section 901
  "Proceeding" means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person...
• 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 Division 4...
• 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 evidence inapplicable...
• 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...
• 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 (privilege...
• 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,...
• 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...
• 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 attorney work product...
• 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...
• 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...
• 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...
• 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 authorized to...
• 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...
• 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...
• 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...
• 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 retaining the...
• 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 in the course...
• 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...
• 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...
• 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 representation of a client is...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 state...
• 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...
• California Evidence Code Section 992
  As used in this article, "confidential communication between patient and physician" means information, including information obtained by an examination of the patient, transmitted between a...
• 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...
• 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 the...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 (including...
• 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 2 of the...
• 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 examination of the patient, transmitted between a...
• 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...
• 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 when the...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 condition...
• 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...
• 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....
• 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 penitent...
• 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...
• 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 a...
• 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, or...
• 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 victim and the sexual assault...
• 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...
• 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 defined...
• 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, transmitted between the victim and...
• 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
• 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...
• 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...
• 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 whenever he or...
• 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 victim and the domestic violence...
• 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,...
• 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 circumstances involving a...
• 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...
• 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...
• 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...
• 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 832.5...
• 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 otherwise...
• 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 imposed...
• 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, as...
• 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 present during...
• 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...
• 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,...
• 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 3426.1...
• 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...
• 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 1060 or 1061:...
• 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 press association...
• 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 evidence of specific...
• 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...
• 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...
• 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...
• 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...
• 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 evidence, and evidence of specific instances...
• 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 effects, including the...
• 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 to assist them...
• 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 authorizes or...
• 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 is recorded...
• 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,...
• 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 protected from...
• 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,...
• 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,...
• 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 provisions of...
• 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 execute a...
• 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 mediation ends, shall remain...
• 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...
• 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...
• 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 less...
• 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, act,...
• 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...
• 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...
• 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...
• 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...
• 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 of reducing...
• 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 psychiatric...
• California Evidence Code Section 1157
  (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker,...
• 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 testimony...
• 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 having the...
• 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 established by a local...
• 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...
• 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 admissible in any product liability...
• 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, suffering, or death of...
• 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...
• 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...
• 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 evidence...
• 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...
• 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.
• 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, either by...
• California Evidence Code Section 1205
  Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence.
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• California Evidence Code Section 1231.2
  A peace officer may administer and certify oaths for purposes of this article.
• 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 experience or have...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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, condition,...
• 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 conduct...
• 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...
• 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...
• 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 statement of...
• 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, plan, motive,...
• 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 trustworthiness.
• 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...
• 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...
• 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...
• 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 institutions, whether carried on for...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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, beleaguered...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 matter pursuant...
• 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...
• 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...
• 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...
• 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...
• 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, ancestry, relationship by blood or...
• 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 tombstones, and the...
• 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, divorce, death,...
• 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...
• 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 or marriage, or other similar...
• 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 or marriage, or other similar...
• 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...
• 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...
• 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, land in...
• 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...
• 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...
• 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...
• 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...
• 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 inadmissible by the...
• 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 by the...
• 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...
• 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...
• 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)...
• 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...
• 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...
• 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 evidence of...
• 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...
• 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.
• 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 convey a...
• California Evidence Code Section 1411
  Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.
• 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 the...
• California Evidence Code Section 1413
  A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness.
• 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)...
• California Evidence Code Section 1415
  A writing may be authenticated by evidence of the genuineness of the handwriting of the maker.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• California Evidence Code Section 1450
  The presumptions established by this article are presumptions affecting the burden of producing evidence.
• 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...
• 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...
• 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...
• 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...
• California Evidence Code Section 1520
  The content of a writing may be proved by an otherwise admissible original.
• 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 writing...
• 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 content...
• 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...
• 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...
• 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...
• 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...
• California Evidence Code Section 1550
  A nonerasable optical image reproduction provided that additions, deletions, or changes to the original document are not permitted by the technology, a photostatic, microfilm, microcard,...
• 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...
• 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 were microphotographed or otherwise reproduced...
• 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 reproduction) of an original writing...
• 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 or computer program...
• 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...
• 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 record maintained...
• 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) The...
• 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 stated...
• 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,...
• 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 discretion of...
• 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...
• California Evidence Code Section 1566
  This article applies in any proceeding in which testimony can be compelled.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 Mexican governments, prepared...

California Lawyers

• Bostwick & Associates San Francisco Injury Lawyer.
• Stephen Brodsky San Diego Criminal Defense Attorney.
• Carpenter & Zuckerman Los Angeles Injury Lawyer.
• Michelle Gee Palo Alto Immigration Lawyer.
• Stephen T. Hodge Elk Grove Estate Planning Lawyer.
• Bethani Jackson San Mateo Criminal Defense Lawyer.
• Nicholas C. Rowley California Injury Lawyer.
• Thomas G. Lewellyn Oakland Injury Lawyer.
• Tilden Moschetti San Francisco Divorce Lawyer.
• Jeremy Ofseyer Palm Springs Estate Planning Lawyer.
• Larry H. Parker Los Angeles Personal Injury Lawyer.
• Carey Pickford Temecula Estate Planning Lawyer.
• Scott Righthand San Francisco Personal Injury Lawyer.
• Scott Sagaria San Jose Family Lawyer.
• Edward A. Smith Sacramento Auto Accident Lawyer.
• Weiss LLP San Mateo Business Lawyer.
• Clarke Logan Young Los Angeles Divorce Lawyer.

Last modified: April 15, 2008