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All sources · 162,169 documents · Table of contents · Evidence Code · Evidence Code

California

Evidence Code
506 entries
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This code shall be known as the Evidence Code.
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The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no…
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If any provision or clause of this code or application thereof to any person or circumstances is hel…
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Unless the provision or context otherwise requires, these preliminary provisions and rules of constr…
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Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or …
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Whenever any reference is made to any portion of this code or of any other statute, such reference s…
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Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Chapter” means…
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The present tense includes the past and future tenses; and the future, the present.
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The masculine gender includes the feminine and neuter.
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The singular number includes the plural; and the plural, the singular.
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“Shall” is mandatory and “may” is permissive.
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(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions bro…
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Unless the provision or context otherwise requires, these definitions govern the construction of thi…
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“Action” includes a civil action and a criminal action.
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“Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to a…
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“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of bel…
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“Civil action” includes civil proceedings.
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“Conduct” includes all active and passive behavior, both verbal and nonverbal.
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“Criminal action” includes criminal proceedings.
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“Declarant” is a person who makes a statement.
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“Evidence” means testimony, writings, material objects, or other things presented to the senses that…
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“The hearing” means the hearing at which a question under this code arises, and not some earlier or …
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“Hearsay evidence” is defined in Section 1200.
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“Law” includes constitutional, statutory, and decisional law.
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“Oath” includes affirmation or declaration under penalty of perjury.
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“Perceive” means to acquire knowledge through one’s senses.
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“Person” includes a natural person, firm, association, organization, partnership, business trust, co…
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“Dependent person” means a person, regardless of whether the person lives independently, who has a p…
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“Personal property” includes money, goods, chattels, things in action, and evidences of debt.
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“Property” includes both real and personal property.
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“Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mi…
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“Public employee” means an officer, agent, or employee of a public entity.
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“Public entity” includes a nation, state, county, city and county, city, district, public authority,…
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“Real property” includes lands, tenements, and hereditaments.
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“Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or h…
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“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
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“State” means the State of California, unless applied to the different parts of the United States. I…
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“Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intende…
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“Statute” includes a treaty and a constitutional provision.
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“Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact ot…
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(a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the decla…
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“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, trans…
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“Original” means the writing itself or any counterpart intended to have the same effect by a person …
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A “duplicate” is a counterpart produced by the same impression as the original, or from the same mat…
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Except as otherwise provided by statute, this code applies in every action before the Supreme Court …
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(a) All questions of law (including but not limited to questions concerning the construction of stat…
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If the law of an organization of nations, a foreign nation or a state other than this state, or a pu…
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Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be…
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Except as otherwise provided by law, the court in its discretion shall regulate the order of proof.
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No evidence is admissible except relevant evidence.
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Except as otherwise provided by statute, all relevant evidence is admissible.
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(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion …
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(a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration stat…
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(a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall…
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(a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open c…
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The court in its discretion may exclude evidence if its probative value is substantially outweighed …
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In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subd…
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(a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expressio…
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A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be rev…
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A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be rev…
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When evidence is admissible as to one party or for one purpose and is inadmissible as to another par…
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Where part of an act, declaration, conversation, or writing is given in evidence by one party, the w…
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As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which…
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As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility o…
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(a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be det…
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(a) The proponent of the proffered evidence has the burden of producing evidence as to the existence…
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Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming t…
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With respect to preliminary fact determinations not governed by Section 403 or 404: (a) When the exi…
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This article does not limit the right of a party to introduce before the trier of fact evidence rele…
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As used in this chapter, “direct evidence” means evidence that directly proves a fact, without an in…
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Except where additional evidence is required by statute, the direct evidence of one witness who is e…
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If weaker and less satisfactory evidence is offered when it was within the power of the party to pro…
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In determining what inferences to draw from the evidence or facts in the case against a party, the t…
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Judicial notice may not be taken of any matter unless authorized or required by law.
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Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public stat…
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Judicial notice may be taken of the following matters to the extent that they are not embraced withi…
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(a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any c…
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The trial court shall take judicial notice of any matter specified in Section 452 if a party request…
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(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) An…
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With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of …
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If the trial court denies a request to take judicial notice of any matter, the court shall at the ea…
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If a matter judicially noticed is a matter which would otherwise have been for determination by the …
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The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the ju…
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(a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial …
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Where the advice of persons learned in the subject matter is required in order to enable the court t…
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Except as otherwise provided by law, a party has the burden of proof as to each fact the existence o…
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Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such s…
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The court on all proper occasions shall instruct the jury as to which party bears the burden of proo…
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The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that is…
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The party claiming that a person did not exercise a requisite degree of care has the burden of proof…
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The party claiming that any person, including himself, is or was insane has the burden of proof on t…
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In any action where the state is a party, regardless of who is the moving party, where (a) the bound…
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(a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Eq…
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(a) The burden of producing evidence as to a particular fact is on the party against whom a finding …
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(a) A presumption is an assumption of fact that the law requires to be made from another fact or gro…
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A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presu…
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A statute providing that a fact or group of facts is prima facie evidence of another fact establishe…
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A presumption affecting the burden of producing evidence is a presumption established to implement n…
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The effect of a presumption affecting the burden of producing evidence is to require the trier of fa…
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A presumption affecting the burden of proof is a presumption established to implement some public po…
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The effect of a presumption affecting the burden of proof is to impose upon the party against whom i…
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When a presumption affecting the burden of proof operates in a criminal action to establish presumpt…
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The presumptions established by this article, and all other presumptions declared by law to be concl…
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The facts recited in a written instrument are conclusively presumed to be true as between the partie…
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Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to…
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A tenant is not permitted to deny the title of his landlord at the time of the commencement of the r…
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The presumptions established by this article, and all other rebuttable presumptions established by l…
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Money delivered by one to another is presumed to have been due to the latter.
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A thing delivered by one to another is presumed to have belonged to the latter.
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An obligation delivered up to the debtor is presumed to have been paid.
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A person in possession of an order on himself for the payment of money, or delivery of a thing, is p…
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An obligation possessed by the creditor is presumed not to have been paid.
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The payment of earlier rent or installments is presumed from a receipt for later rent or installment…
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The things which a person possesses are presumed to be owned by him.
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A person who exercises acts of ownership over property is presumed to be the owner of it.
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A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the p…
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A writing is presumed to have been truly dated.
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A letter correctly addressed and properly mailed is presumed to have been received in the ordinary c…
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A trustee or other person, whose duty it was to convey real property to a particular person, is pres…
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A deed or will or other writing purporting to create, terminate, or affect an interest in real or pe…
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A book, purporting to be printed or published by public authority, is presumed to have been so print…
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A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation wher…
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Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that ne…
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(a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presu…
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The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of …
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The presumptions established by this article, and all other rebuttable presumptions established by l…
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The owner of the legal title to property is presumed to be the owner of the full beneficial title. T…
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A ceremonial marriage is presumed to be valid.
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It is presumed that official duty has been regularly performed. This presumption does not apply on a…
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A person is presumed to intend the ordinary consequences of his voluntary act. This presumption is i…
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Any court of this state or the United States, or any court of general jurisdiction in any other stat…
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A person not heard from in five years is presumed to be dead.
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An unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable i…
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(a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinanc…
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A rule, policy, manual, or guideline of state or local government setting forth standards of conduct…
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(a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) dire…
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(a) In any dispute concerning payment by means of a check, a copy of the check produced in accordanc…
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Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a wit…
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(a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or…
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(a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissibl…
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(a) Before the judge presiding at the trial of an action may be called to testify in that trial as a…
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No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, sha…
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(a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the…
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Every witness before testifying shall take an oath or make an affirmation or declaration in the form…
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At the trial of an action, a witness can be heard only in the presence and subject to the examinatio…
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Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique …
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(a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, tr…
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(a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same …
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(a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fa…
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The court may, at any time before or during the trial of an action, limit the number of expert witne…
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When it appears to the court, at any time before or during the trial of an action, that expert evide…
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(a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section…
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Any expert appointed by the court under Section 730 may be called and examined by the court or by an…
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Nothing contained in this article shall be deemed or construed to prevent any party to any action fr…
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A person who serves as an interpreter or translator in any action is subject to all the rules of law…
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(a) An interpreter shall take an oath that he or she will make a true interpretation to the witness …
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(a) When a witness is incapable of understanding the English language or is incapable of expressing …
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(a) When the written characters in a writing offered in evidence are incapable of being deciphered o…
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(a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a …
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Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing an…
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(a) During any medical examination, requested by an insurer or by the defendant, of a person who is …
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(a) To the extent required by other state or federal laws, the Judicial Council shall reimburse cour…
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Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the …
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“Direct examination” is the first examination of a witness upon a matter that is not within the scop…
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“Cross-examination” is the examination of a witness by a party other than the direct examiner upon a…
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“Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross…
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“Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect ex…
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A “leading question” is a question that suggests to the witness the answer that the examining party …
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(a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to…
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A witness must give responsive answers to questions, and answers that are not responsive shall be st…
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(a) Except under special circumstances where the interests of justice otherwise require: (1) A leadi…
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(a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to h…
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In examining a witness concerning a statement or other conduct by him that is inconsistent with any …
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Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witne…
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(a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writi…
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(a) The examination of a witness shall proceed in the following phases: direct examination, cross-ex…
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(a) A witness examined by one party may be cross-examined upon any matter within the scope of the di…
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A witness once examined cannot be reexamined as to the same matter without leave of the court, but h…
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The court, on its own motion or on the motion of any party, may call witnesses and interrogate them …
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(a) A party to the record of any civil action, or a person identified with such a party, may be call…
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(a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at…
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After a witness has been excused from giving further testimony in the action, he cannot be recalled …
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Except as otherwise provided by statute, the court or jury may consider in determining the credibili…
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(a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the c…
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The possession of a condom is not admissible as evidence in the prosecution of a violation of Sectio…
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In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual …
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The credibility of a witness may be attacked or supported by any party, including the party calling …
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Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissi…
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Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to pr…
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For the purpose of attacking the credibility of a witness, it may be shown by the examination of the…
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Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibilit…
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Evidence of the good character of a witness is inadmissible to support his credibility unless eviden…
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Evidence of a statement previously made by a witness that is consistent with his testimony at the he…
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(a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact th…
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If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to s…
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If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such …
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(a) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the part…
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A witness testifying in the form of an opinion may state on direct examination the reasons for his o…
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The court may, and upon objection shall, exclude testimony in the form of an opinion that is based i…
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(a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upo…
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Testimony in the form of an opinion that is otherwise admissible is not objectionable because it emb…
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(a) Except where another rule is provided by statute, this article provides special rules of evidenc…
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As used in this article, “value of property” means market value of any of the following: (a) Real pr…
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This article is not intended to alter or change the existing substantive law, whether statutory or d…
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(a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses q…
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The opinion of a witness as to the value of property is limited to such an opinion as is based on ma…
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When relevant to the determination of the value of property, a witness may take into account as a ba…
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When relevant to the determination of the value of property, a witness may take into account as a ba…
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(a) Subject to subdivision (b), when relevant to the determination of the value of property, a witne…
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For the purpose of determining the capitalized value of the reasonable net rental value attributable…
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When relevant to the determination of the value of property, a witness may take into account as a ba…
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When relevant to the determination of the value of property, a witness may take into account as a ba…
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When relevant to the determination of the value of property, a witness may take into account as a ba…
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(a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Secti…
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Notwithstanding any other provision of this article, the value of property for which there is no rel…
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(a) Notwithstanding any other provision of this article, a just and equitable method of determining …
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A witness may state his opinion as to the sanity of a person when: (a) The witness is an intimate ac…
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Unless the provision or context otherwise requires, the definitions in this chapter govern the const…
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“Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a c…
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“Civil proceeding” means any proceeding except a criminal proceeding.
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“Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (comm…
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“Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in…
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Except as otherwise provided by statute, the provisions of this division apply in all proceedings. T…
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Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness. (b…
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(a) Except as otherwise provided in this section, the right of any person to claim a privilege provi…
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(a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testi…
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(a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner …
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(a) Subject to subdivision (b), the presiding officer may not require disclosure of information clai…
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(a) The presiding officer, on his own motion or on the motion of any party, shall exclude informatio…
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(a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communicatio…
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A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of…
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(a) Evidence of a statement or other disclosure of privileged information is inadmissible against a …
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Nothing in this division shall be construed to repeal by implication any other statute relating to p…
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To the extent that such privilege exists under the Constitution of the United States or the State of…
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To the extent that such privilege exists under the Constitution of the United States or the State of…
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As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to…
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As used in this article, “client” means a person who, directly or through an authorized representati…
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As used in this article, “confidential communication between client and lawyer” means information tr…
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As used in this article, “holder of the privilege” means: (a) The client, if the client has no guard…
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Subject to Section 912 and except as otherwise provided in this article, the client, whether or not …
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The lawyer who received or made a communication subject to the privilege under this article shall cl…
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(a) There is no privilege under this article if the services of the lawyer were sought or obtained t…
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There is no privilege under this article if the lawyer reasonably believes that disclosure of any co…
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There is no privilege under this article as to a communication relevant to an issue between parties …
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There is no privilege under this article as to a communication relevant to an issue of breach, by th…
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There is no privilege under this article as to a communication relevant to an issue concerning the i…
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There is no privilege under this article as to a communication relevant to an issue concerning the i…
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There is no privilege under this article as to a communication relevant to an issue concerning the v…
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Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none…
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For purposes of this article, the following terms have the following meanings: (a) “Client” means a …
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(a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or …
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A lawyer referral service that has received or made a communication subject to the privilege under t…
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There is no privilege under this article if either of the following applies: (a) The services of the…
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Except as otherwise provided by statute, a married person has a privilege not to testify against his…
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Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding ha…
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A married person does not have a privilege under this article in: (a) A proceeding brought by or on …
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(a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which h…
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Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her gua…
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There is no privilege under this article if the communication was made, in whole or in part, to enab…
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There is no privilege under this article in a proceeding to commit either spouse or otherwise place …
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There is no privilege under this article in a proceeding brought by or on behalf of either spouse to…
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There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse …
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There is no privilege under this article in a criminal proceeding in which one spouse is charged wit…
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There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (co…
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There is no privilege under this article in a criminal proceeding in which the communication is offe…
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As used in this article, “physician” means a person authorized, or reasonably believed by the patien…
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As used in this article, “patient” means a person who consults a physician or submits to an examinat…
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As used in this article, “confidential communication between patient and physician” means informatio…
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As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or…
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Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not…
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The physician who received or made a communication subject to the privilege under this article shall…
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There is no privilege under this article as to a communication relevant to an issue concerning the c…
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There is no privilege under this article if the services of the physician were sought or obtained to…
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There is no privilege under this article in a criminal proceeding.
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There is no privilege under this article as to a communication relevant to an issue concerning the c…
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There is no privilege under this article as to a communication relevant to an issue between parties …
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There is no privilege under this article as to a communication relevant to an issue of breach, by th…
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There is no privilege under this article as to a communication relevant to an issue concerning the i…
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There is no privilege under this article as to a communication relevant to an issue concerning the v…
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There is no privilege under this article in a proceeding to commit the patient or otherwise place hi…
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There is no privilege under this article in a proceeding brought by or on behalf of the patient to e…
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There is no privilege under this article as to information that the physician or the patient is requ…
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There is no privilege under this article in a proceeding brought by a public entity to determine whe…
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As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the p…
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A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (comm…
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As used in this article, “patient” means a person who consults a psychotherapist or submits to an ex…
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As used in this article, “confidential communication between patient and psychotherapist” means info…
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As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or…
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Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not…
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The psychotherapist who received or made a communication subject to the privilege under this article…
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There is no privilege under this article as to a communication relevant to an issue concerning the m…
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(a) There is no privilege under this article if the psychotherapist is appointed by order of a court…
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There is no privilege under this article if the services of the psychotherapist were sought or obtai…
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There is no privilege under this article as to a communication relevant to an issue between parties …
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There is no privilege under this article as to a communication relevant to an issue of breach, by th…
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There is no privilege under this article as to a communication relevant to an issue concerning the i…
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There is no privilege under this article as to a communication relevant to an issue concerning the v…
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There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 13…
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There is no privilege under this article if the psychotherapist has reasonable cause to believe that…
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There is no privilege under this article in a proceeding brought by or on behalf of the patient to e…
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There is no privilege under this article as to information that the psychotherapist or the patient i…
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There is no privilege under this article if all of the following circumstances exist: (a) The patien…
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As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, …
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As used in this article, “penitent” means a person who has made a penitential communication to a mem…
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As used in this article, “penitential communication” means a communication made in confidence, in th…
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Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, a…
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Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to…
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As used in this article, “victim” means a person who consults a sexual assault counselor for the pur…
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As used in this article, “sexual assault counselor” means any of the following: (a) A person who is …
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As used in this article, “confidential communication between the sexual assault counselor and the vi…
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As used in this article, “holder of the privilege” means: (a) The victim when such person has no gua…
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A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to …
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The sexual assault counselor who received or made a communication subject to the privilege under thi…
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As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Sec…
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As used in this article, “victim” means any person who suffers domestic violence, as defined in Sect…
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(a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a d…
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(a) As used in this article, “confidential communication” means any information, including, but not …
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Nothing in this article shall be construed to limit any obligation to report instances of child abus…
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As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guard…
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A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to di…
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The domestic violence counselor who received or made a communication subject to the privilege grante…
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As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of…
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A domestic violence counselor shall inform a domestic violence victim of any applicable limitations …
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(a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclos…
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(a) The court may compel disclosure of information received by a human trafficking caseworker that c…
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As used in this article, the following terms have the following meanings: (a) “Confidential communic…
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Nothing in this article shall be construed as limiting any obligation to report instances of child a…
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(a) As used in this section, “official information” means information acquired in confidence by a pu…
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(a) Except as provided in this section, a public entity has a privilege to refuse to disclose the id…
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(a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim …
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(a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel r…
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Nothing in this article shall be construed to affect the right of access to records of medical or ps…
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(a) This article does not affect the right of access to records of complaints, or investigations of …
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In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessiv…
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(a) Records of peace officers or custodial officers, as defined in Section 831.5 of the Penal Code, …
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If he claims the privilege, a person has a privilege to refuse to disclose the tenor of his vote at …
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If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to …
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(a) For purposes of this section, and Sections 1062 and 1063: (1) “Trade secret” means “trade secret…
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(a) Notwithstanding any other provision of law, in a criminal case, the court, upon motion of the ow…
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The following provisions shall govern requests to seal articles which are protected by a protective …
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(a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, maga…
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Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in th…
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(a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a per…
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In a criminal action, evidence of the defendant’s character or a trait of his character in the form …
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(a) In a criminal action, evidence of the character or a trait of character (in the form of an opini…
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Except as provided in Sections 1102 and 1103, evidence of a trait of a person’s character with respe…
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Any otherwise admissible evidence of habit or custom is admissible to prove conduct on a specified o…
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(a) In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sex…
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(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense re…
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(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense re…
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(a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defe…
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(a) (1) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is…
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For purposes of this chapter: (a) “Mediation” means a process in which a neutral person or persons f…
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(a) Nothing in this chapter expands or limits a court’s authority to order participation in a disput…
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(a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section…
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An oral agreement “in accordance with Section 1118” means an oral agreement that satisfies all of th…
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Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made…
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(a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation cons…
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Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or …
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(a) A communication or a writing, as defined in Section 250, that is made or prepared for the purpos…
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A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made i…
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An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or pr…
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(a) For purposes of confidentiality under this chapter, a mediation ends when any one of the followi…
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Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, a…
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If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as de…
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Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of th…
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(a) Except in the case of a class or representative action, an attorney representing a client partic…
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(a) Upon an inquiry as to the validity of a verdict, any otherwise admissible evidence may be receiv…
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When, after the occurrence of an event, remedial or precautionary measures are taken, which, if take…
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(a) Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or …
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Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged o…
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Evidence of an offer for civil resolution of a criminal matter pursuant to the provisions of Section…
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Evidence that a person has accepted or offered or promised to accept a sum of money or any other thi…
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Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially …
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(a) In-hospital medical or medical-dental staff committees of a licensed hospital may engage in rese…
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(a) A committee established in compliance with Sections 4070 and 5624 of the Welfare and Institution…
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(a) Evidence that a person suffered or experienced excited delirium shall not be admitted in any civ…
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(a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podi…
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Except in actions involving a claim of a provider of health care services for payment for such servi…
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Neither the proceedings nor the records of a committee established in compliance with Sections 4070 …
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The prohibition relating to discovery or testimony provided in Section 1157 shall be applicable to p…
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(a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registere…
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(a) No evidence pertaining to live animal experimentation, including, but not limited to, injury, im…
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(a) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sen…
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(a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has …
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Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Sectio…
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(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testif…
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A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground t…
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Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by suc…
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(a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by …
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Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as …
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A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant i…
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Nothing in this division shall be construed to repeal by implication any other statute relating to h…
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Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declar…
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Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the …
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Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a)…
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Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a)…
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When the liability obligation, or duty of a party to a civil action is based in whole or in part upo…
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When a right, title, or interest in any property or claim asserted by a party to a civil action requ…
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Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered aga…
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Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered agai…
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Notwithstanding any other provision of law, for the purpose of establishing the elements of the crim…
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(a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on …
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Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmi…
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Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if th…
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A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes know…
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A peace officer may administer and certify oaths for purposes of this article.
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Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall ei…
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If evidence of a prior statement is introduced pursuant to this article, the jury may not be told th…
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Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statem…
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Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if…
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(a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rul…
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Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if…
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Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports …
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Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Is offere…
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Evidence of a statement made by a dying person respecting the cause and circumstances of his death i…
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(a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind,…
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Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physi…
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Evidence of a statement is inadmissible under this article if the statement was made under circumsta…
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Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the…
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(a) Except as provided in subdivision (b), evidence of any of the following statements made by a dec…
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(a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action u…
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As used in this article, “a business” includes every kind of business, governmental activity, profes…
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Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by th…
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Evidence of the absence from the records of a business of a record of an asserted act, condition, or…
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Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by th…
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Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadm…
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A written finding of presumed death made by an employee of the United States authorized to make such…
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An official written report or record that a person is missing, missing in action, interned in a fore…
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Evidence of a writing made by the public employee who is the official custodian of the records in a …
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Within an official written report or record of a law enforcement officer regarding a sexual offense …
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As used in this article, “former testimony” means testimony given under oath in: (a) Another action …
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(a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is un…
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(a) Evidence of former testimony is not made inadmissible by the hearsay rule if: (1) The declarant …
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(a) Evidence of former testimony made at a preliminary examination by a minor child who was the comp…
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(a) The following evidence of prior inconsistent statements of a witness properly admitted in a cond…
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Evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made…
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Evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgme…
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When the liability, obligation, or duty of a third person is in issue in a civil action, evidence of…
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(a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witne…
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(a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, dea…
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Evidence of entries in family Bibles or other family books or charts, engravings on rings, family po…
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Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the…
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Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or de…
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Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child rela…
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Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child rela…
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Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation…
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Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation…
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Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation…
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Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule…
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Evidence of a person’s general reputation with reference to his character or a trait of his characte…
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Evidence of a statement contained in a deed of conveyance or a will or other writing purporting to a…
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Evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained i…
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Evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register…
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Historical works, books of science or art, and published maps or charts, made by persons indifferent…
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(a) In a criminal proceeding charging a serious felony, evidence of a statement made by a declarant …
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(a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under…
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(a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of th…
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(a) In a criminal proceeding charging a violation, or attempted violation, of Section 368 of the Pen…
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(a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered…
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Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding t…
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(a) Authentication of a writing is required before it may be received in evidence. (b) Authenticatio…
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The party producing a writing as genuine which has been altered, or appears to have been altered, af…
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Nothing in this article shall be construed to limit the means by which a writing may be authenticate…
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(a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, …
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Except as provided by statute, the testimony of a subscribing witness is not required to authenticat…
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If the testimony of a subscribing witness is required by statute to authenticate a writing and the s…
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A writing may be authenticated by anyone who saw the writing made or executed, including a subscribi…
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A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any…
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A writing may be authenticated by evidence of the genuineness of the handwriting of the maker.
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A witness who is not otherwise qualified to testify as an expert may state his opinion whether a wri…
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The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier…
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The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert wit…
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Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison u…
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A writing may be authenticated by evidence that the writing was received in response to a communicat…
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A writing may be authenticated by evidence that the writing refers to or states matters that are unl…
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The presumptions established by this article are presumptions affecting the burden of producing evid…
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A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of…
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A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (a) The Un…
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A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in …
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A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in …
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The content of a writing may be proved by an otherwise admissible original.
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(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court sha…
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(a) In addition to the grounds for exclusion authorized by Section 1521, in a criminal action the co…
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(a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content o…
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(a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writin…
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For the purpose of evidence, whenever a copy of a writing is attested or certified, the attestation …
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(a) The official record of a writing is prima facie evidence of the existence and content of the ori…
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(a) If made and preserved as a part of the records of a business, as defined in Section 1270, in the…
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Reproductions of files, records, writings, photographs, fingerprints or other instruments in the off…
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A print, whether enlarged or not, from a photographic film (including a photographic plate, micropho…
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(a) A printed representation of computer information or a computer program is presumed to be an accu…
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(a) A printed representation of images stored on a video or digital medium is presumed to be an accu…
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(a) As used in this article: (1) “Business” includes every kind of business described in Section 127…
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(a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, s…
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If the original records would be admissible in evidence if the custodian or other qualified witness …
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(a) This article does not require tender or payment of more than one witness fee and one mileage fee…
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The personal attendance of the custodian or other qualified witness and the production of the origin…
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If more than one subpoena duces tecum is served upon the custodian of records or other qualified wit…
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This article applies in any proceeding in which testimony can be compelled.
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A completed form described in Section 3664 of the Family Code for income and benefit information pro…
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(a) The record of an instrument or other document purporting to establish or affect an interest in p…
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(a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of t…
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A deed of conveyance of real property, purporting to have been executed by a proper officer in pursu…
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A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance o…
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Duplicate copies and authenticated translations of original Spanish title papers relating to land cl…
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Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
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disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.