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Code · California · Evidence Code

§ 404

60 words·~1 min read·/ca/evidence-code/404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.
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