California Evidence Code ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence

• 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...
• 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...
• 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 may hear and...
• 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 is...
• 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...
• 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 shall indicate...
• 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.(Enacted by Stats....

Last modified: October 22, 2018