(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 of a writing if the court determines that the original is in the proponent’s possession, custody, or control, and the proponent has not made the original reasonably available for inspection at or before trial. This section does not apply to any of the following:
(1) A duplicate as defined in Section 260.
(2) A writing that is not closely related to the controlling issues in the action.
(3) A copy of a writing in the custody of a public entity.
(4) A copy of a writing that is recorded in the public records, if the record or a certified copy of it is made evidence of the writing by statute.
(b) In a criminal action, a request to exclude secondary evidence of the content of a writing, under this section or any other law, shall not be made in the presence of the jury.
(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
Last modified: October 25, 2018