Evidence Code — Part 1 | EVID — United States — California law | Esheria

Evidence Code

Part 1 of 3 · provisions 1–200

This section states that the code is called the Evidence Code.

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United States — California
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Code
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EVID
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en
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accessibility acknowledged writings admissibility admissibility of evidence affidavits appeals appellate procedure arbitration attorney compliance attorney work product attorney-client privilege authenticating writings authentication authentication of writings banking blood sample technique burden of producing evidence burden of proof business records certified copies checks child abuse proceedings child abuse reporting choice of law +266 more

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This article’s privilege does not apply to communications relevant to a dispute between parties who all claim through a deceased patient. This article does not provide a privilege for communications used to address a breach of duty arising from the physician-patient relationship. No privilege applies to certain communications about a deceased patient's intent regarding property-related writings. The physician-patient privilege does not apply to communications tied to disputes over the validity of certain writings made by a deceased patient that affect property interests. This article does not provide a privilege in proceedings to commit a patient or otherwise place the patient or the patient's property under another person's control because of an alleged mental or physical condition.

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Provisions of Evidence Code

Showing 200 of 506

  1. 1.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. )

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    This section states that the code is called the Evidence Code.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 1. This code shall be known as the Evidence Code. (Enacted by Stats. 1965, Ch. 299.)
  2. 10.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. )

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    Words in the singular include the plural, and words in the plural include the singular.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 10. The singular number includes the plural; and the plural, the singular. (Enacted by Stats. 1965, Ch. 299.)
  3. 100.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    The section says the code’s definitions control how the code is interpreted unless the provision or context requires otherwise.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 100. Unless the provision or context otherwise requires, these definitions govern the construction of this code. (Enacted by Stats. 1965, Ch. 299.)
  4. 1000.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    This article’s privilege does not apply to communications relevant to a dispute between parties who all claim through a deceased patient.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. (Enacted by Stats. 1965, Ch. 299.)
  5. 1001.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    This article does not provide a privilege for communications used to address a breach of duty arising from the physician-patient relationship.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 a duty arising out of the physician-patient relationship. (Enacted by Stats. 1965, Ch. 299.)
  6. 1002.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    No privilege applies to certain communications about a deceased patient's intent regarding property-related writings.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  7. 1003.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    The physician-patient privilege does not apply to communications tied to disputes over the validity of certain writings made by a deceased patient that affect property interests.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 other writing, executed by a patient, now deceased, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  8. 1004.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    This article does not provide a privilege in proceedings to commit a patient or otherwise place the patient or the patient's property under another person's control because of an alleged mental or physical condition.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 control of another because of his alleged mental or physical condition. (Enacted by Stats. 1965, Ch. 299.)
  9. 1005.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    The physician-patient privilege does not apply in a proceeding brought by or for the patient to prove the patient’s competence.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 1005. There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence. (Enacted by Stats. 1965, Ch. 299.)
  10. 1006.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    The physician-patient privilege does not apply to information that must be reported to a public employee or recorded in a public office open to public inspection.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 as to information required to be recorded in a public office, if such report or record is open to public inspection. (Enacted by Stats. 1965, Ch. 299.)
  11. 1007.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. )

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    The physician-patient privilege does not apply in a public-entity proceeding about revoking, suspending, terminating, limiting, or conditioning a right, authority, license, or privilege.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 the right or privilege to be employed by the public entity or to hold a public office) should be revoked, suspended, terminated, limited, or conditioned. (Enacted by Stats. 1965, Ch. 299.)
  12. 1010.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This section defines “psychotherapist” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of their time to the practice of psychiatry. (b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (c) A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, when they are engaged in applied psychotherapy of a nonmedical nature. (d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state. (e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. (f) A person registered as a registered psychological associate who is under the supervision of a licensed psychologist as required by Section 2913 of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code. (g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code. (h) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the primary supervision of a licensed psychologist. (i) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling their supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. (j) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing. (k) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing. (l) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code. (m) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (n) A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code. (o) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling their supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. (Amended by Stats. 2021, Ch. 647, Sec. 74. (SB 801) Effective January 1, 2022.)
  13. 1010.5.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    A communication between a patient and a licensed educational psychologist is privileged, with the same limits as the comparable psychotherapist communication rule.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 1010.5. A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist described in subdivisions (c), (d), and (e) of Section 1010. (Amended by Stats. 2020, Ch. 370, Sec. 113. (SB 1371) Effective January 1, 2021.)
  14. 1011.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This section defines “patient” for this article as a person who consults a psychotherapist or submits to an examination for diagnosis, treatment, or certain research purposes.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems. (Enacted by Stats. 1965, Ch. 299.)
  15. 1012.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This section defines “confidential communication between patient and psychotherapist” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 patient and his psychotherapist in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation, or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the psychotherapist is consulted, and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship. (Amended by Stats. 1970, Ch. 1397.)
  16. 1013.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This section defines who counts as the “holder of the privilege” for the psychotherapist-patient privilege.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 of the patient when the patient has a guardian or conservator. (c) The personal representative of the patient if the patient is dead. (Enacted by Stats. 1965, Ch. 299.)
  17. 1014.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    The patient has a privilege to refuse disclosure of, and stop others from disclosing, confidential communications with a psychotherapist, subject to stated exceptions.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by: (a) The holder of the privilege. (b) A person who is authorized to claim the privilege by the holder of the privilege. (c) The person who was the psychotherapist at the time of the confidential communication, but the person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. The relationship of a psychotherapist and patient shall exist between a psychological corporation as defined in Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a marriage and family therapist corporation as defined in Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code, a licensed clinical social workers corporation as defined in Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code, or a professional clinical counselor corporation as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code, and the patient to whom it renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities. (Amended by Stats. 2011, Ch. 381, Sec. 22. (SB 146) Effective January 1, 2012.)
  18. 1015.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    A psychotherapist who received or made a privileged communication must claim the privilege when present at disclosure and authorized under Section 1014(c).

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1014. (Enacted by Stats. 1965, Ch. 299.)
  19. 1016.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This section removes the psychotherapist-patient privilege for communications relevant to the patient’s mental or emotional condition when that issue is raised by listed parties.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 such issue has been tendered by: (a) The patient; (b) Any party claiming through or under the patient; (c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or (d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient. (Enacted by Stats. 1965, Ch. 299.)
  20. 1017.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    The psychotherapist-patient privilege does not apply in two specified appointment situations.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 does not apply where the psychotherapist is appointed by order of the court upon the request of the lawyer for the defendant in a criminal proceeding in order to provide the lawyer with information needed so that he or she may advise the defendant whether to enter or withdraw a plea based on insanity or to present a defense based on his or her mental or emotional condition. (b) There is no privilege under this article if the psychotherapist is appointed by the Board of Prison Terms to examine a patient pursuant to the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (Amended by Stats. 1987, Ch. 687, Sec. 1.)
  21. 1018.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

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    This article’s psychotherapist-patient privilege does not apply when the services were sought or obtained to help commit or plan a crime or tort, or to avoid detection or arrest after one.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort. (Enacted by Stats. 1965, Ch. 299.)
  22. 1019.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the psychotherapist-patient privilege does not apply to certain communications involving parties who all claim through a deceased patient.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. (Enacted by Stats. 1965, Ch. 299.)
  23. 1020.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section removes the psychotherapist-patient privilege for communications about a claimed breach of duty in that relationship.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 a duty arising out of the psychotherapist-patient relationship. (Enacted by Stats. 1965, Ch. 299.)
  24. 1021.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the psychotherapist-patient privilege does not apply to certain communications about a deceased patient’s intent concerning a deed, will, or similar writing affecting property.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  25. 1022.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The psychotherapist-patient privilege does not apply to certain communications about the validity of a deed, will, or similar writing made by a deceased patient that affects property interests.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 other writing, executed by a patient, now deceased, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  26. 1023.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the psychotherapist-patient privilege does not apply in a sanity-determination proceeding brought under the referenced Penal Code chapter at the defendant’s request.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 Penal Code initiated at the request of the defendant in a criminal action to determine his sanity. (Enacted by Stats. 1965, Ch. 299.)
  27. 1024.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The privilege does not apply when a psychotherapist reasonably believes the patient is dangerous and disclosure is needed to prevent the threatened harm.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger. (Enacted by Stats. 1965, Ch. 299.)
  28. 1025.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The psychotherapist-patient privilege does not apply in a proceeding brought by or for the patient to establish the patient’s competence.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 1025. There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence. (Enacted by Stats. 1965, Ch. 299.)
  29. 1026.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the psychotherapist-patient privilege does not cover certain information that must be reported to a public employee or recorded in a public office, if the report or record is open to public inspection.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 as to information required to be recorded in a public office, if such report or record is open to public inspection. (Enacted by Stats. 1965, Ch. 299.)
  30. 1027.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article does not create a psychotherapist-patient privilege if the patient is under 16 and the psychotherapist has reasonable cause to believe the patient was the victim of a crime and that disclosure is in the child’s best interest.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Psychotherapist-Patient Privilege [1010 - 1027] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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. (b) The psychotherapist has reasonable cause to believe that the patient has been the victim of a crime and that disclosure of the communication is in the best interest of the child. (Added by Stats. 1970, Ch. 1397.)
  31. 1030.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. )

    Verify source ↗

    This article defines “member of the clergy” for use in the article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. ) ## 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 religious denomination or religious organization. (Amended by Stats. 2002, Ch. 806, Sec. 19. Effective January 1, 2003.)
  32. 1031.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. )

    Verify source ↗

    This section defines “penitent” as a person who has made a penitential communication to a member of the clergy.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. ) ## 1031. As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy. (Amended by Stats. 2002, Ch. 806, Sec. 20. Effective January 1, 2003.)
  33. 1032.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. )

    Verify source ↗

    This section defines “penitential communication” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. ) ## 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 is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret. (Amended by Stats. 2002, Ch. 806, Sec. 21. Effective January 1, 2003.)
  34. 1033.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. )

    Verify source ↗

    A penitent may claim a privilege to refuse disclosure of a penitential communication and to stop others from disclosing it, subject to Section 912.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. ) ## 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 penitential communication if he or she claims the privilege. (Amended by Stats. 2002, Ch. 806, Sec. 22. Effective January 1, 2003.)
  35. 1034.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. )

    Verify source ↗

    A clergy member may refuse to disclose a penitential communication if the privilege is claimed, subject to Section 912.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Clergy Penitent Privileges [1030 - 1034] ( Heading of Article 8 amended by Stats. 2002, Ch. 806, Sec. 18. ) ## 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 he or she claims the privilege. (Amended by Stats. 2002, Ch. 806, Sec. 23. Effective January 1, 2003.)
  36. 1035.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines “victim” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 mental, physical, or emotional condition caused by a sexual assault. (Amended by Stats. 2006, Ch. 689, Sec. 4. Effective January 1, 2007.)
  37. 1035.2.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “sexual assault counselor” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements: (1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling. (2) Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas: (A) Law. (B) Medicine. (C) Societal attitudes. (D) Crisis intervention and counseling techniques. (E) Role playing. (F) Referral services. (G) Sexuality. (b) A person who is engaged in a program on the campus of a public or private institution of higher education, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements: (1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling. (2) Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas: (A) Law. (B) Medicine. (C) Societal attitudes. (D) Crisis intervention and counseling techniques. (E) Role playing. (F) Referral services. (G) Sexuality. (c) A person who is employed by any organization providing the programs specified in Section 13835.2 of the Penal Code, whether financially compensated or not, for the purpose of counseling and assisting sexual assault victims, and who meets one of the following requirements: (1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape assault counseling. (2) Has the minimum training for sexual assault counseling required by guidelines established by the employing agency pursuant to subdivision (c) of Section 13835.10 of the Penal Code, and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas: (A) Law. (B) Victimology. (C) Counseling. (D) Client and system advocacy. (E) Referral services. (Amended by Stats. 2018, Ch. 123, Sec. 2. (AB 1896) Effective January 1, 2019.)
  38. 1035.4.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines confidential communication between a sexual assault counselor and a victim, and lets the court disclose some information only under specified balancing tests.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the sexual assault counselor is consulted. The term includes all information regarding the facts and circumstances involving the alleged sexual assault and also includes all information regarding the victim’s prior or subsequent sexual conduct, and opinions regarding the victim’s sexual conduct or reputation in sexual matters. The court may compel disclosure of information received by the sexual assault counselor which constitutes relevant evidence of the facts and circumstances involving an alleged sexual assault about which the victim is complaining and which is the subject of a criminal proceeding if the court determines that the probative value outweighs the effect on the victim, the treatment relationship, and the treatment services if disclosure is compelled. The court may also compel disclosure in proceedings related to child abuse if the court determines the probative value outweighs the effect on the victim, the treatment relationship, and the treatment services if disclosure is compelled. When a court is ruling on a claim of privilege under this article, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and such other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged and must not be disclosed, neither he or she nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers. If the court determines certain information shall be disclosed, the court shall so order and inform the defendant. If the court finds there is a reasonable likelihood that particular information is subject to disclosure pursuant to the balancing test provided in this section, the following procedure shall be followed: (1) The court shall inform the defendant of the nature of the information which may be subject to disclosure. (2) The court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the sexual assault counselor regarding the information which the court has determined may be subject to disclosure. (3) At the conclusion of the hearing, the court shall rule which items of information, if any, shall be disclosed. The court may make an order stating what evidence may be introduced by the defendant and the nature of questions to be permitted. The defendant may then offer evidence pursuant to the order of the court. Admission of evidence concerning the sexual conduct of the complaining witness is subject to Sections 352, 782, and 1103. (Amended by Stats. 1983, Ch. 1072, Sec. 2.)
  39. 1035.6.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines who counts as the holder of the privilege.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 conservator of the victim when the victim has a guardian or conservator. (c) The personal representative of the victim if the victim is dead. (Added by Stats. 1980, Ch. 917.)
  40. 1035.8.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    A sexual assault victim has a privilege to refuse disclosure of, and stop others from disclosing, a confidential communication with a sexual assault counselor if the privilege is claimed by an authorized person.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following : (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. (Amended by Stats. 2006, Ch. 689, Sec. 6. Effective January 1, 2007.)
  41. 1036.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    A sexual assault counselor must claim the privilege for a protected communication if present when disclosure is sought and authorized to do so.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1035.8. (Amended by Stats. 2006, Ch. 689, Sec. 7. Effective January 1, 2007.)
  42. 1036.2.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. )

    Verify source ↗

    This section defines “sexual assault” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege [1035 - 1036.2] ( Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3. ) ## 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 sexual intercourse, as defined in Section 261.5 of the Penal Code. (c) Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code. (d) Sodomy, as defined in Section 286 of the Penal Code, except a violation of subdivision (e) of that section. (e) A violation of Section 288 of the Penal Code. (f) Oral copulation, as defined in Section 287 of, or former Section 288a of, the Penal Code, except a violation of subdivision (e) of those sections. (g) Sexual penetration, as defined in Section 289 of the Penal Code. (h) Annoying or molesting a child under 18 years of age, as defined in Section 647a of the Penal Code. (i) Any attempt to commit any of the acts listed in this section. (Amended by Stats. 2021, Ch. 626, Sec. 7. (AB 1171) Effective January 1, 2022.)
  43. 1037.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This article defines “victim” as a person who suffers domestic violence, as defined in Section 1037.7.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 1037. As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7. (Added by Stats. 1986, Ch. 854, Sec. 1.)
  44. 1037.1.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This section defines “domestic violence counselor” and “domestic violence victim service organization,” including training and supervision requirements.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2). (2) The 40 hours of training shall be supervised by an individual who qualifies as a counselor under paragraph (1), and who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization. The training shall include, but need not be limited to, the following areas: history of domestic violence, civil and criminal law as it relates to domestic violence, the domestic violence victim-counselor privilege and other laws that protect the confidentiality of victim records and information, societal attitudes towards domestic violence, peer counseling techniques, housing, public assistance and other financial resources available to meet the financial needs of domestic violence victims, and referral services available to domestic violence victims. (3) A domestic violence counselor who has been employed by the domestic violence victim service organization for a period of less than six months shall be supervised by a domestic violence counselor who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization. (b) As used in this article, “domestic violence victim service organization” means either of the following: (1) A nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, including, but not limited to, either of the following: (A) Domestic violence shelter-based programs, as described in Section 18294 of the Welfare and Institutions Code. (B) Other programs with the primary mission to provide services to victims of domestic violence whether or not that program exists in an agency that provides additional services. (2) Programs on the campus of a public or private institution of higher education with the primary mission to provide support or advocacy services to victims of domestic violence. (Amended by Stats. 2017, Ch. 178, Sec. 1. (SB 331) Effective January 1, 2018.)
  45. 1037.2.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This section defines confidential communication for domestic violence counselor privilege and allows a court, in limited situations, to compel disclosure of counselor information.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. The term includes all information regarding the facts and circumstances involving all incidences of domestic violence, as well as all information about the children of the victim or abuser and the relationship of the victim with the abuser. (b) The court may compel disclosure of information received by a domestic violence counselor which constitutes relevant evidence of the facts and circumstances involving a crime allegedly perpetrated against the victim or another household member and which is the subject of a criminal proceeding, if the court determines that the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services. The court may compel disclosure if the victim is either dead or not the complaining witness in a criminal action against the perpetrator. The court may also compel disclosure in proceedings related to child abuse if the court determines that the probative value of the evidence outweighs the effect of the disclosure on the victim, the counseling relationship, and the counseling services. (c) When a court rules on a claim of privilege under this article, it may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and such other persons as the person authorized to claim the privilege consents to have present. If the judge determines that the information is privileged and shall not be disclosed, neither he nor she nor any other person may disclose, without the consent of a person authorized to permit disclosure, any information disclosed in the course of the proceedings in chambers. (d) If the court determines that information shall be disclosed, the court shall so order and inform the defendant in the criminal action. If the court finds there is a reasonable likelihood that any information is subject to disclosure pursuant to the balancing test provided in this section, the procedure specified in subdivisions (1), (2), and (3) of Section 1035.4 shall be followed. (Amended by Stats. 2007, Ch. 206, Sec. 3. Effective January 1, 2008.)
  46. 1037.3.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This section says the article does not limit any child abuse reporting duty required by Penal Code Section 11166.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 Code. (Added by Stats. 1986, Ch. 854, Sec. 1.)
  47. 1037.4.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This section defines who counts as the “holder of the privilege.”

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 or conservator of the victim when the victim has a guardian or conservator, unless the guardian or conservator is accused of perpetrating domestic violence against the victim. (Amended by Stats. 2007, Ch. 206, Sec. 4. Effective January 1, 2008.)
  48. 1037.5.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    A domestic violence victim may refuse to disclose, and stop others from disclosing, a confidential communication with a domestic violence counselor in covered proceedings.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 disclosing, a confidential communication between the victim and a domestic violence counselor in any proceeding specified in Section 901 if the privilege is claimed by any of the following persons: (a) The holder of the privilege. (b) A person who is authorized to claim the privilege by the holder of the privilege. (c) The person who was the domestic violence counselor at the time of the confidential communication. However, that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. (Amended by Stats. 2007, Ch. 206, Sec. 5. Effective January 1, 2008.)
  49. 1037.6.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    A domestic violence counselor who received or made a privileged communication must claim the privilege when the communication is sought to be disclosed and the counselor is authorized to do so.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under subdivision (c) of Section 1037.5. (Added by Stats. 1986, Ch. 854, Sec. 1.)
  50. 1037.7.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    This section defines “domestic violence” for this article by referring to Family Code Section 6211.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 1037.7. As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code. (Repealed and added by Stats. 1993, Ch. 219, Sec. 77.4. Effective January 1, 1994.)
  51. 1037.8.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. )

    Verify source ↗

    A domestic violence counselor must tell a domestic violence victim about any limits on confidentiality for their communications.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege [1037 - 1037.8] ( Heading of Article 8.7 amended by Stats. 2006, Ch. 689, Sec. 8. ) ## 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 counselor. This information may be given orally. (Added by Stats. 2002, Ch. 629, Sec. 1. Effective January 1, 2003.)
  52. 1038.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. )

    Verify source ↗

    A trafficking victim can keep confidential communications with a human trafficking caseworker private, and the caseworker must claim the privilege when authorized and present, and must inform the victim about any confidentiality limits.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. ) ## 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, a confidential communication, whether made orally, in writing, or otherwise conveyed, between the victim and a human trafficking caseworker if the privilege is claimed by any of the following persons: (1) The holder of the privilege. (2) A person who is authorized to claim the privilege by the holder of the privilege. (3) The person who was the human trafficking caseworker at the time of the confidential communication or is presently the human trafficking caseworker for the victim. However, that person may not claim the privilege if there is no holder of the privilege in existence or if the person is otherwise instructed by the court or by another person authorized to permit disclosure. (b) The human trafficking caseworker shall claim the privilege whenever the caseworker is present when the communication is sought to be disclosed and the caseworker is authorized to claim the privilege under this section. (c) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally. (Amended by Stats. 2019, Ch. 197, Sec. 1. (AB 1735) Effective January 1, 2020.)
  53. 1038.1.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. )

    Verify source ↗

    A court may order disclosure of a human trafficking caseworker’s information if the probative value outweighs the harm from disclosure, and it may require in-chambers disclosure in privilege rulings. If the judge finds the information is privileged, it cannot be disclosed without consent.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. ) ## 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 crime allegedly perpetrated against the victim and that is the subject of a criminal proceeding, if the court determines that the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services. (b) When a court rules on a claim of privilege under this article, it may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and those other persons that the person authorized to claim the privilege consents to have present. (c) If the judge determines that the information is privileged and shall not be disclosed, no person shall disclose, without the consent of a person authorized to permit disclosure, any information disclosed in the course of the proceedings in chambers. If the court determines that information shall be disclosed, the court shall so order and inform the defendant in the criminal action. If the court finds there is a reasonable likelihood that any information is subject to disclosure pursuant to the balancing test provided in this section, the procedure specified in paragraphs (1), (2), and (3) of Section 1035.4 shall be followed. (Amended by Stats. 2019, Ch. 197, Sec. 2. (AB 1735) Effective January 1, 2020.)
  54. 1038.2.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. )

    Verify source ↗

    This section defines key terms used in the human trafficking caseworker-victim privilege article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. ) ## 1038.2. As used in this article, the following terms have the following meanings: (a) “Confidential communication” means all information, including, but not limited to, written and oral communication, transmitted between the victim and the human trafficking caseworker in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the human trafficking caseworker is consulted and made with the victim’s knowledge and consent. “Confidential communication” includes all information regarding the facts and circumstances relating to all incidences of human trafficking, as well as all information about the children of the victim and the relationship of the victim to the human trafficker. (b) “Holder of the privilege” means: (1) The victim if the victim has no guardian or conservator. (2) A guardian or conservator of the victim if the victim has a guardian or conservator. (3) The personal representative of the victim if the victim is deceased. (c) “Human trafficking caseworker” means a person working for a human trafficking victim service organization, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who meets the requirements of paragraph (1) or (2) and who also meets the requirements of paragraph (3), if applicable: (1) Has an advanced degree or license, such as a master’s degree in counseling, social work, or a related field and at least one year of experience in a caseworker role working directly with victims of human trafficking. (2) Has at least 40 hours of training as specified in this paragraph and is supervised by an individual who qualifies as a human trafficking caseworker under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but need not be limited to, the following areas: (A) History of human trafficking. (B) Civil and criminal law relating to human trafficking. (C) Systems of oppression. (D) Peer counseling techniques. (E) Resources available to victims of human trafficking. (F) Crisis intervention and counseling techniques. (G) Role playing. (H) Intersections of human trafficking and other crimes. (I) Client and system advocacy. (J) Referral services. (K) Connecting to local, regional, and national human trafficking coalitions. (L) Explaining privileged communications. (3) If the caseworker has been employed by a human trafficking service organization for a period of less than six months, that caseworker is supervised by another human trafficking caseworker who has at least one year of experience working with human trafficking victims. (d) “Human trafficking victim service organization” means a nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and that does all of the following: (1) Employs staff that meet the requirements of a human trafficking caseworker as set forth in this section. (2) Operates a telephone hotline, advertised to the public, for survivor crisis calls. (3) Offers psychological support and peer counseling provided in accordance with this section. (4) Makes staff available during normal business hours to assist victims of human trafficking who need shelter, programs, or other support services. (e) “Victim” means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional, or other condition related to their experience as a victim of human trafficking. (Amended by Stats. 2020, Ch. 370, Sec. 114. (SB 1371) Effective January 1, 2021.)
  55. 1038.3.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. )

    Verify source ↗

    This article does not limit any existing obligation to report child abuse under Penal Code Section 11166.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege [1038 - 1038.3] ( Heading of Article 8.8 amended by Stats. 2006, Ch. 689, Sec. 9. ) ## 1038.3. Nothing in this article shall be construed as limiting any obligation to report instances of child abuse as required by Section 11166 of the Penal Code. (Added by Stats. 2019, Ch. 197, Sec. 4. (AB 1735) Effective January 1, 2020.)
  56. 1040.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A public entity may refuse to disclose official information in defined circumstances, but the Employment Development Department must disclose certain information to law enforcement when an arrest warrant for a felony has been issued.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 and not open, or officially disclosed, to the public prior to the time the claim of privilege is made. (b) A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (2) Disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice; but no privilege may be claimed under this paragraph if any person authorized to do so has consented that the information be disclosed in the proceeding. In determining whether disclosure of the information is against the public interest, the interest of the public entity as a party in the outcome of the proceeding may not be considered. (c) Notwithstanding any other law, the Employment Development Department shall disclose to law enforcement agencies, in accordance with subdivision (i) of Section 1095 of the Unemployment Insurance Code, information in its possession relating to any person if an arrest warrant has been issued for the person for commission of a felony. (Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.)
  57. 1041.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    A public entity may refuse to disclose an informer’s identity in specified circumstances, and the informer is not prevented by this section from disclosing that identity.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 information as provided in subdivision (b) purporting to disclose a violation of a law of the United States or of this state or of a public entity in this state, and to prevent another from disclosing the person’s identity, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (2) Disclosure of the identity of the informer is against the public interest because the necessity for preserving the confidentiality of his or her identity outweighs the necessity for disclosure in the interest of justice. The privilege shall not be claimed under this paragraph if a person authorized to do so has consented that the identity of the informer be disclosed in the proceeding. In determining whether disclosure of the identity of the informer is against the public interest, the interest of the public entity as a party in the outcome of the proceeding shall not be considered. (b) The privilege described in this section applies only if the information is furnished in confidence by the informer to any of the following: (1) A law enforcement officer. (2) A representative of an administrative agency charged with the administration or enforcement of the law alleged to be violated. (3) Any person for the purpose of transmittal to a person listed in paragraph (1) or (2). As used in this paragraph, “person” includes a volunteer or employee of a crime stopper organization. (c) The privilege described in this section shall not be construed to prevent the informer from disclosing his or her identity. (d) As used in this section, “crime stopper organization” means a private, nonprofit organization that accepts and expends donations used to reward persons who report to the organization information concerning alleged criminal activity, and forwards the information to the appropriate law enforcement agency. (Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.)
  58. 1042.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    This section limits when official information or an informer’s identity must be disclosed in criminal proceedings, and it sets hearing rules for disclosure disputes.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 the state or a public entity in this state is sustained in a criminal proceeding, the presiding officer shall make such order or finding of fact adverse to the public entity bringing the proceeding as is required by law upon any issue in the proceeding to which the privileged information is material. (b) Notwithstanding subdivision (a), where a search is made pursuant to a warrant valid on its face, the public entity bringing a criminal proceeding is not required to reveal to the defendant official information or the identity of an informer in order to establish the legality of the search or the admissibility of any evidence obtained as a result of it. (c) Notwithstanding subdivision (a), in any preliminary hearing, criminal trial, or other criminal proceeding, any otherwise admissible evidence of information communicated to a peace officer by a confidential informant, who is not a material witness to the guilt or innocence of the accused of the offense charged, is admissible on the issue of reasonable cause to make an arrest or search without requiring that the name or identity of the informant be disclosed if the judge or magistrate is satisfied, based upon evidence produced in open court, out of the presence of the jury, that such information was received from a reliable informant and in his discretion does not require such disclosure. (d) When, in any such criminal proceeding, a party demands disclosure of the identity of the informant on the ground the informant is a material witness on the issue of guilt, the court shall conduct a hearing at which all parties may present evidence on the issue of disclosure. Such hearing shall be conducted outside the presence of the jury, if any. During the hearing, if the privilege provided for in Section 1041 is claimed by a person authorized to do so or if a person who is authorized to claim such privilege refuses to answer any question on the ground that the answer would tend to disclose the identity of the informant, the prosecuting attorney may request that the court hold an in camera hearing. If such a request is made, the court shall hold such a hearing outside the presence of the defendant and his counsel. At the in camera hearing, the prosecution may offer evidence which would tend to disclose or which discloses the identity of the informant to aid the court in its determination whether there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. A reporter shall be present at the in camera hearing. Any transcription of the proceedings at the in camera hearing, as well as any physical evidence presented at the hearing, shall be ordered sealed by the court, and only a court may have access to its contents. The court shall not order disclosure, nor strike the testimony of the witness who invokes the privilege, nor dismiss the criminal proceeding, if the party offering the witness refuses to disclose the identity of the informant, unless, based upon the evidence presented at the hearing held in the presence of the defendant and his counsel and the evidence presented at the in camera hearing, the court concludes that there is a reasonable possibility that nondisclosure might deprive the defendant of a fair trial. (Amended by Stats. 1969, Ch. 1412.)
  59. 1043.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    This section requires a party seeking discovery or disclosure of certain officer personnel records to file a written motion and give the required notice, and it requires the agency holding the records to notify the affected individual.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: (1) In a civil action, the written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure. (2) In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing. (b) The motion shall include all of the following: (1) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the governmental agency that has custody and control of the records, and the time and place at which the motion for discovery or disclosure shall be heard. (2) A description of the type of records or information sought. (3) Affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that the governmental agency identified has the records or information from the records. (c) Upon receipt of a notice served pursuant to subdivision (a), the governmental agency shall immediately notify the individual whose records are sought. (d) No hearing upon a motion for discovery or disclosure shall be held without full compliance with the notice provisions of this section except upon a showing by the moving party of good cause for noncompliance, or upon a waiver of the hearing by the governmental agency identified as having the records. (Amended by Stats. 2019, Ch. 585, Sec. 2. (AB 1600) Effective January 1, 2020.)
  60. 1044.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    This section says Article 9 does not limit access to medical or psychological history records when access is otherwise available under Section 996 or 1016.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 be available under Section 996 or 1016. (Added by Stats. 1978, Ch. 630.)
  61. 1045.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    This section limits disclosure of certain officer records, requires the court to review relevance in chambers, and allows protective orders to limit how disclosed records are used.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 1045. (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of those investigations, concerning an event or transaction in which the peace officer or custodial officer, as defined in Section 831.5 of the Penal Code, participated, or which the officer perceived, and pertaining to the manner in which the officer performed the officer’s duties, provided that information is relevant to the subject matter involved in the pending litigation. (b) In determining relevance, the court shall examine the information in chambers in conformity with Section 915, and shall exclude from disclosure both of the following: (1) In any criminal proceeding the conclusions of any officer investigating a complaint filed pursuant to Section 832.5 of the Penal Code. (2) Facts sought to be disclosed that are so remote as to make disclosure of little or no practical benefit. (c) In determining relevance where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the court shall consider whether the information sought may be obtained from other records maintained by the employing agency in the regular course of agency business which would not necessitate the disclosure of individual personnel records. (d) Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression. (e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law. (Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.)
  62. 1046.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    When a party seeks disclosure and alleges excessive force by a peace officer or custodial officer, the motion must include the relevant police report or crime report copy.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 defined in Section 831.5 of the Penal Code, in connection with the arrest of that party, or for conduct alleged to have occurred within a jail facility, the motion shall include a copy of the police report setting forth the circumstances under which the party was stopped and arrested, or a copy of the crime report setting forth the circumstances under which the conduct is alleged to have occurred within a jail facility. (Amended by Stats. 2002, Ch. 391, Sec. 3. Effective January 1, 2003.)
  63. 1047.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    Some peace officer and custodial officer records are not subject to disclosure, but a supervisorial officer’s records can be disclosed in specified oversight situations.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Official Information and Identity of Informer [1040 - 1047] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 1047. (a) 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 the arrest or had no contact with the party seeking disclosure from the time of the arrest until the time of booking, or who were not present at the time the conduct at issue is alleged to have occurred within a jail facility, shall not be subject to disclosure. (b) Notwithstanding subdivision (a), if a supervisorial officer whose records are being sought had direct oversight of a peace officer or a custodial officer, as defined in Section 831.5 of the Penal Code and issued command directives or had command influence over the circumstances at issue, the supervisorial officer’s records shall be subject to disclosure pursuant to Section 1045 if the peace officer or custodial officer under supervision was present during the arrest, had contact with the party seeking disclosure from the time of the arrest until the time of booking, or was present at the time the conduct at issue is alleged to have occurred within a jail facility. (Amended by Stats. 2019, Ch. 585, Sec. 3. (AB 1600) Effective January 1, 2020.)
  64. 105.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    This section defines “action” to include both civil actions and criminal actions.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 105. “Action” includes a civil action and a criminal action. (Enacted by Stats. 1965, Ch. 299.)
  65. 1050.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Political Vote [1050- 1050.] ( Article 10 enacted by Stats. 1965, Ch. 299. )

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    A person who claims the privilege may refuse to disclose how he voted at a public election if the voting was by secret ballot, unless he voted illegally or previously disclosed his vote without privilege.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Political Vote [1050- 1050.] ( Article 10 enacted by Stats. 1965, Ch. 299. ) ## 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 voting is by secret ballot unless he voted illegally or he previously made an unprivileged disclosure of the tenor of his vote. (Enacted by Stats. 1965, Ch. 299.)
  66. 1060.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. )

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    The owner of a trade secret may refuse to disclose the secret and may stop others from disclosing it, unless allowing that privilege would conceal fraud or cause injustice.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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, and to prevent another from disclosing it, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. (Enacted by Stats. 1965, Ch. 299.)
  67. 1061.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. )

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    This section sets procedures for asserting a trade secret privilege in a criminal proceeding and lets the court issue protective orders to limit use and disclosure of the secret.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 of the Civil Code, or paragraph (9) of subdivision (a) of Section 499c of the Penal Code. (2) “Article” means “article,” as defined in paragraph (2) of subdivision (a) of Section 499c of the Penal Code. (b) In addition to Section 1062, the following procedure shall apply whenever the owner of a trade secret wishes to assert his or her trade secret privilege, as provided in Section 1060, during a criminal proceeding: (1) The owner of the trade secret shall file a motion for a protective order, or the people may file the motion on the owner’s behalf and with the owner’s permission. The motion shall include an affidavit based upon personal knowledge listing the affiant’s qualifications to give an opinion concerning the trade secret at issue, identifying, without revealing, the alleged trade secret and articles which disclose the secret, and presenting evidence that the secret qualifies as a trade secret under either subdivision (d) of Section 3426.1 of the Civil Code or paragraph (9) of subdivision (a) of Section 499c of the Penal Code. The motion and affidavit shall be served on all parties in the proceeding. (2) Any party in the proceeding may oppose the request for the protective order by submitting affidavits based upon the affiant’s personal knowledge. The affidavits shall be filed under seal, but shall be provided to the owner of the trade secret and to all parties in the proceeding. Neither the owner of the trade secret nor any party in the proceeding may disclose the affidavit to persons other than to counsel of record without prior court approval. (3) The movant shall, by a preponderance of the evidence, show that the issuance of a protective order is proper. The court may rule on the request without holding an evidentiary hearing. However, in its discretion, the court may choose to hold an in camera evidentiary hearing concerning disputed articles with only the owner of the trade secret, the people’s representative, the defendant, and defendant’s counsel present. If the court holds such a hearing, the parties’ right to examine witnesses shall not be used to obtain discovery, but shall be directed solely toward the question of whether the alleged trade secret qualifies for protection. (4) If the court finds that a trade secret may be disclosed during any criminal proceeding unless a protective order is issued and that the issuance of a protective order would not conceal a fraud or work an injustice, the court shall issue a protective order limiting the use and dissemination of the trade secret, including, but not limited to, articles disclosing that secret. The protective order may, in the court’s discretion, include the following provisions: (A) That the trade secret may be disseminated only to counsel for the parties, including their associate attorneys, paralegals, and investigators, and to law enforcement officials or clerical officials. (B) That the defendant may view the secret only in the presence of his or her counsel, or if not in the presence of his or her counsel, at counsel’s offices. (C) That any party seeking to show the trade secret, or articles containing the trade secret, to any person not designated by the protective order shall first obtain court approval to do so: (i) The court may require that the person receiving the trade secret do so only in the presence of counsel for the party requesting approval. (ii) The court may require the person receiving the trade secret to sign a copy of the protective order and to agree to be bound by its terms. The order may include a provision recognizing the owner of the trade secret to be a third-party beneficiary of that agreement. (iii) The court may require a party seeking disclosure to an expert to provide that expert’s name, employment history, and any other relevant information to the court for examination. The court shall accept that information under seal, and the information shall not be disclosed by any court except upon termination of the action and upon a showing of good cause to believe the secret has been disseminated by a court-approved expert. The court shall evaluate the expert and determine whether the expert poses a discernible risk of disclosure. The court shall withhold approval if the expert’s economic interests place the expert in a competitive position with the victim, unless no other experts are available. The court may interview the expert in camera in aid of its ruling. If the court rejects the expert, it shall state its reasons for doing so on the record and a transcript of those reasons shall be prepared and sealed. (D) That no articles disclosing the trade secret shall be filed or otherwise made a part of the court record available to the public without approval of the court and prior notice to the owner of the secret. The owner of the secret may give either party permission to accept the notice on the owner’s behalf. (E) Other orders as the court deems necessary to protect the integrity of the trade secret. (c) A ruling granting or denying a motion for a protective order filed pursuant to subdivision (b) shall not be construed as a determination that the alleged trade secret is or is not a trade secret as defined by subdivision (d) of Section 3426.1 of the Civil Code or paragraph (9) of subdivision (a) of Section 499c of the Penal Code. Such a ruling shall not have any effect on any civil litigation. (d) This section shall have prospective effect only and shall not operate to invalidate previously entered protective orders. (Amended by Stats. 2002, Ch. 784, Sec. 103. Effective January 1, 2003.)
  68. 1062.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. )

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    A court may close part of a criminal proceeding to protect trade secrets, but only if strict findings are made and the closure will not deny a fair trial.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 by the People with the consent of the owner, may exclude the public from any portion of a criminal proceeding where the proponent of closure has demonstrated a substantial probability that the trade secret would otherwise be disclosed to the public during that proceeding and a substantial probability that the disclosure would cause serious harm to the owner of the secret, and where the court finds that there is no overriding public interest in an open proceeding. No evidence, however, shall be excluded during a criminal proceeding pursuant to this section if it would conceal a fraud, work an injustice, or deprive the People or the defendant of a fair trial. (b) The motion made pursuant to subdivision (a) shall identify, without revealing, the trade secrets which would otherwise be disclosed to the public. A showing made pursuant to subdivision (a) shall be made during an in camera hearing with only the owner of the trade secret, the People’s representative, the defendant, and defendant’s counsel present. A court reporter shall be present during the hearing. Any transcription of the proceedings at the in camera hearing, as well as any articles presented at that hearing, shall be ordered sealed by the court and only a court may allow access to its contents upon a showing of good cause. The court, in ruling upon the motion made pursuant to subdivision (a), may consider testimony presented or affidavits filed in any proceeding held in that action. (c) If, after the in camera hearing described in subdivision (b), the court determines that exclusion of trade secret information from the public is appropriate, the court shall close only that portion of the criminal proceeding necessary to prevent disclosure of the trade secret. Before granting the motion, however, the court shall find and state for the record that the moving party has met its burden pursuant to subdivision (b), and that the closure of that portion of the proceeding will not deprive the People or the defendant of a fair trial. (d) The owner of the trade secret, the People, or the defendant may seek relief from a ruling denying or granting closure by petitioning a higher court for extraordinary relief. (e) Whenever the court closes a portion of a criminal proceeding pursuant to this section, a transcript of that closed proceeding shall be made available to the public as soon as practicable. The court shall redact any information qualifying as a trade secret before making that transcript available. (f) The court, subject to Section 867 of the Penal Code, may allow witnesses who are bound by a protective order entered in the criminal proceeding protecting trade secrets, pursaunt to Section 1061, to remain within the courtroom during the closed portion of the proceeding. (Amended by Stats. 1990, Ch. 714, Sec. 2.)
  69. 1063.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. )

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    This section sets the procedure for sealing trade secret-related articles in court records and limits when they can be filed, sealed, or unsealed.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Trade Secret [1060 - 1063] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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: (a) The People shall request sealing of articles reasonably expected to be filed or admitted into evidence as follows: (1) No less than 10 court days before trial, and no less than five court days before any other criminal proceeding, the People shall file with the court a list of all articles which the People reasonably expect to file with the court, or admit into evidence, under seal at that proceeding. That list shall be available to the public. The People may be relieved from providing timely notice upon showing that exigent circumstances prevent that notice. (2) The court shall not allow the listed articles to be filed, admitted into evidence, or in any way made a part of the court record otherwise open to the public before holding a hearing to consider any objections to the People’s request to seal the articles. The court at that hearing shall allow those objecting to the sealing to state their objections. (3) After hearing any objections to sealing, the court shall conduct an in camera hearing with only the owner of the trade secret contained within those articles, the People’s representative, defendant, and defendant’s counsel present. The court shall review the articles sought to be sealed, evaluate objections to sealing, and determine whether the People have satisfied the constitutional standards governing public access to articles which are part of the judicial record. The court may consider testimony presented or affidavits filed in any proceeding held in that action. The People, defendant, and the owner of the trade secret may file affidavits based on the affiant’s personal knowledge to be considered at that hearing. Those affidavits are to be sealed and not released to the public, but shall be made available to the parties. The court may rule on the request to seal without taking testimony. If the court takes testimony, examination of witnesses shall not be used to obtain discovery, but shall be directed solely toward whether sealing is appropriate. (4) If the court finds that the movant has satisfied appropriate constitutional standards with respect to sealing particular articles, the court shall seal those articles if and when they are filed, admitted into evidence, or in any way made a part of the court record otherwise open to the public. The articles shall not be unsealed absent an order of a court upon a showing of good cause. Failure to examine the court file for notice of a request to seal shall not constitute good cause to consider objections to sealing. (b) The following procedure shall apply to other articles made a part of the court record: (1) Where any articles protected by a protective order entered pursuant to Section 1060 or 1061 are filed, admitted into evidence, or in any way made a part of the court record in such a way as to be otherwise open to the public, the People, a defendant, or the owner of a trade secret contained within those articles may request the court to seal those articles. (2) The request to seal shall be made by noticed motion filed with the court. It may also be made orally in court at the time the articles are made a part of the court record. Where the request is made orally, the movant must file within 24 hours a written description of that request, including a list of the articles which are the subject of that request. These motions and lists shall be available to the public. (3) The court shall promptly conduct hearings as provided in paragraphs (2), (3), and (4) of subdivision (a). The court shall, pending the hearings, seal those articles which are the subject of the request. Where a request to seal is made orally, the court may conduct hearings at the time the articles are made a part of the court record, but shall reconsider its ruling in light of additional objections made by objectors within two court days after the written record of the request to seal is made available to the public. (4) Any articles sealed pursuant to these hearings shall not be unsealed absent an order of a court upon a showing of good cause. Failure to examine the court file for notice of a request to seal shall not constitute good cause to consider objections to sealing. (Added by Stats. 1990, Ch. 714, Sec. 3.)
  70. 1070.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Immunity of Newsman From Citation for Contempt [1070- 1070.] ( Chapter 5 enacted by Stats. 1965, Ch. 299. )

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    Certain journalists and related media workers cannot be held in contempt for refusing to disclose protected sources or unpublished information.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Immunity of Newsman From Citation for Contempt [1070- 1070.] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## 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 or wire service, or any person who has been so connected or employed, cannot be adjudged in contempt by a judicial, legislative, administrative body, or any other body having the power to issue subpoenas, for refusing to disclose, in any proceeding as defined in Section 901, the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. (b) Nor can a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. (c) As used in this section, “unpublished information” includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. (Amended by Stats. 1974, Ch. 1456, Sec. 2.)
  71. 11.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. )

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    This section says “shall” means mandatory and “may” means permissive.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 11. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1965, Ch. 299.)
  72. 110.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    This section defines “burden of producing evidence” as a party’s obligation to introduce enough evidence to avoid an adverse ruling on the issue.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 110. “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. (Enacted by Stats. 1965, Ch. 299.)
  73. 1100.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Evidence that is otherwise admissible may be used to prove a person's character or a character trait, unless another statute provides otherwise.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 instances of such person’s conduct) is admissible to prove a person’s character or a trait of his character. (Enacted by Stats. 1965, Ch. 299.)
  74. 1101.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Character evidence is generally inadmissible to prove conduct on a specific occasion, with stated exceptions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (b) Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented) other than his or her disposition to commit such an act. (c) Nothing in this section affects the admissibility of evidence offered to support or attack the credibility of a witness. (Amended by Stats. 1996, Ch. 261, Sec. 1. Effective January 1, 1997.)
  75. 1102.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    In a criminal action, character evidence about the defendant may be offered by the defendant to show conduct in line with that character, and the prosecution may offer the same kind of evidence to rebut the defendant’s evidence.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 reputation is not made inadmissible by Section 1101 if such evidence is: (a) Offered by the defendant to prove his conduct in conformity with such character or trait of character. (b) Offered by the prosecution to rebut evidence adduced by the defendant under subdivision (a). (Enacted by Stats. 1965, Ch. 299.)
  76. 1103.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Section 1103 allows certain character evidence in criminal actions, but bars some sexual-conduct and dress evidence in specified sexual-offense prosecutions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by Section 1101 if the evidence is: (1) Offered by the defendant to prove conduct of the victim in conformity with the character or trait of character. (2) Offered by the prosecution to rebut evidence adduced by the defendant under paragraph (1). (b) In a criminal action, evidence of the defendant’s character for violence or trait of character for violence (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) is not made inadmissible by Section 1101 if the evidence is offered by the prosecution to prove conduct of the defendant in conformity with the character or trait of character and is offered after evidence that the victim had a character for violence or a trait of character tending to show violence has been adduced by the defendant under paragraph (1) of subdivision (a). (c) (1) Notwithstanding any other provision of this code to the contrary, and except as provided in this subdivision, in any prosecution under Section 261 or 264.1 of the Penal Code, or under Section 286, 287, or 289 of, or former Section 262 or 288a of, the Penal Code, or for assault with intent to commit, attempt to commit, or conspiracy to commit a crime defined in any of those sections, except where the crime is alleged to have occurred in a local detention facility, as defined in Section 6031.4, or in a state prison, as defined in Section 4504, opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness’ sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness. (2) Notwithstanding paragraph (3), evidence of the manner in which the victim was dressed at the time of the commission of the offense is not admissible when offered by either party on the issue of consent in any prosecution for an offense specified in paragraph (1). For the purposes of this paragraph, “manner of dress” does not include the condition of the victim’s clothing before, during, or after the commission of the offense. (3) Paragraph (1) does not apply to evidence of the complaining witness’ sexual conduct with the defendant. (4) If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and that evidence or testimony relates to the complaining witness’ sexual conduct, the defendant may cross-examine the witness who gives the testimony and offer relevant evidence limited specifically to the rebuttal of the evidence introduced by the prosecutor or given by the complaining witness. (5) This subdivision does not make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in Section 782. (6) As used in this subdivision, “complaining witness” means the alleged victim of the crime charged, the prosecution of which is subject to this subdivision. (Amended by Stats. 2022, Ch. 197, Sec. 1. (SB 1493) Effective January 1, 2023.)
  77. 1104.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Evidence of a person’s character trait about care or skill cannot be used to prove how they acted on a specific occasion, except as provided in Sections 1102 and 1103.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 prove the quality of his conduct on a specified occasion. (Enacted by Stats. 1965, Ch. 299.)
  78. 1105.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Evidence of habit or custom that is otherwise admissible may be used to prove conduct on a specified occasion in line with that habit or custom.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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. (Enacted by Stats. 1965, Ch. 299.)
  79. 1106.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    In certain civil cases involving sexual harassment, sexual assault, or sexual battery, the defendant generally cannot use the plaintiff’s sexual-conduct evidence for consent, injury, or credibility attacks, with stated exceptions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 of the plaintiff’s sexual conduct, or any of that evidence, is not admissible by the defendant in order to: (1) Prove consent by the plaintiff. (2) Prove absence of injury suffered by the plaintiff, unless the injury alleged by the plaintiff is in the nature of loss of consortium. (3) Attack the credibility of the plaintiff’s testimony on consent or the absence of injury suffered by the plaintiff. (b) Subdivision (a) does not apply to evidence of the plaintiff’s sexual conduct with the alleged perpetrator. (c) Notwithstanding subdivision (b), in any civil action brought pursuant to Section 1708.5 of the Civil Code involving a minor and an adult as described in Section 1708.5.5 of the Civil Code, evidence of the plaintiff minor’s sexual conduct with the defendant adult shall not be admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. (d) If the plaintiff introduces evidence, including testimony of a witness, or the plaintiff as a witness gives testimony, and the evidence or testimony relates to the plaintiff’s sexual conduct, the defendant may cross-examine the witness who gives the testimony and offer relevant evidence limited specifically to the rebuttal of the evidence introduced by the plaintiff or given by the plaintiff. (e) This section shall not be construed to make inadmissible any evidence offered to attack the credibility of the plaintiff’s testimony as to something other than consent or absence of injury as provided in Section 783. (Amended by Stats. 2024, Ch. 993, Sec. 1. (SB 1386) Effective January 1, 2025.)
  80. 1107.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    In a criminal case, the prosecution or defense may offer expert testimony about intimate partner battering and its effects, but not to prove the charged abuse against the defendant. The proponent must show relevance and the expert’s qualifications.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence, except when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge. (b) The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness. Expert opinion testimony on intimate partner battering and its effects shall not be considered a new scientific technique whose reliability is unproven. (c) For purposes of this section, “abuse” is defined in Section 6203 of the Family Code, and “domestic violence” is defined in Section 6211 of the Family Code and may include acts defined in Section 242, subdivision (e) of Section 243, Section 261, 273.5, 273.6, 422, or 653m of, or former Section 262 of, the Penal Code. (d) This section is intended as a rule of evidence only and no substantive change affecting the Penal Code is intended. (e) This section shall be known, and may be cited, as the Expert Witness Testimony on Intimate Partner Battering and Its Effects Section of the Evidence Code. (f) The changes in this section that become effective on January 1, 2005, are not intended to impact any existing decisional law regarding this section, and that decisional law should apply equally to this section as it refers to “intimate partner battering and its effects” in place of “battered women’s syndrome.” (Amended by Stats. 2022, Ch. 197, Sec. 2. (SB 1493) Effective January 1, 2023.)
  81. 1107.5.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    In a criminal action, either side may offer expert testimony about the effects of human trafficking on victims if the evidence is relevant and the expert is properly qualified.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 1107.5. (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human trafficking victims, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of human trafficking victims. (b) The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness. (c) For purposes of this section, “human trafficking victim” is defined as a victim of an offense described in Section 236.1 of the Penal Code. (d) This section is intended as a rule of evidence only and no substantive change affecting the Penal Code is intended. (Amended by Stats. 2017, Ch. 269, Sec. 1. (SB 811) Effective January 1, 2018.)
  82. 1108.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    In certain criminal sexual-offense cases, evidence of other sexual offenses may be admitted if it is not barred by Section 352, and the people must disclose that evidence to the defendant.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352. (b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered in compliance with the requirements of Section 1054.7 of the Penal Code. (c) This section does not limit the admission or consideration of evidence under any other section of this code. (d) As used in this section, the following definitions shall apply: (1) “Sexual offense” means a crime under the law of a state or of the United States that involved any of the following: (A) Any conduct proscribed by subdivision (b) or (c) of Section 236.1, Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 287, 288, 288.2, 288.5, or 289, or subdivision (b), (c), or (d) of Section 311.2 or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6 of, or former Section 288a of, the Penal Code. (B) Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem. (C) Contact, without consent, between any part of the defendant’s body or an object and the genitals or anus of another person. (D) Contact, without consent, between the genitals or anus of the defendant and any part of another person’s body. (E) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person. (F) An attempt or conspiracy to engage in conduct described in this paragraph. (2) “Consent” shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not include consent which is legally ineffective because of the age, mental disorder, or developmental or physical disability of the victim. (Amended by Stats. 2018, Ch. 423, Sec. 22. (SB 1494) Effective January 1, 2019.)
  83. 1109.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    This section lets certain prior acts of domestic violence, elder abuse, or child abuse be admitted in a criminal case, with listed conditions and exceptions, and requires the people to disclose the evidence to the defendant.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Evidence of Character, Habit, or Custom [1100 - 1109] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 violence, evidence of the defendant’s commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352. (2) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving abuse of an elder or dependent person, evidence of the defendant’s commission of other abuse of an elder or dependent person is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352. (3) Except as provided in subdivision (e) or (f) and subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, in a criminal action in which the defendant is accused of an offense involving child abuse, evidence of the defendant’s commission of child abuse is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352. Nothing in this paragraph prohibits or limits the admission of evidence pursuant to subdivision (b) of Section 1101. (b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, in compliance with the provisions of Section 1054.7 of the Penal Code. (c) This section shall not be construed to limit or preclude the admission or consideration of evidence under any other statute or case law. (d) As used in this section: (1) “Abuse of an elder or dependent person” means physical or sexual abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment that results in physical harm, pain, or mental suffering, the deprivation of care by a caregiver, or other deprivation by a custodian or provider of goods or services that are necessary to avoid physical harm or mental suffering. (2) “Child abuse” means an act proscribed by Section 273d of the Penal Code. (3) “Domestic violence” has the meaning set forth in Section 13700 of the Penal Code. Subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, “domestic violence” has the further meaning as set forth in Section 6211 of the Family Code, if the act occurred no more than five years before the charged offense. (e) Evidence of acts occurring more than 10 years before the charged offense is inadmissible under this section, unless the court determines that the admission of this evidence is in the interest of justice. (f) Evidence of the findings and determinations of administrative agencies regulating the conduct of health facilities licensed under Section 1250 of the Health and Safety Code is inadmissible under this section. (Amended by Stats. 2005, Ch. 464, Sec. 1. Effective January 1, 2006.)
  84. 1115.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

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    This section defines “mediation,” “mediator,” and “mediation consultation” for this chapter.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 in reaching a mutually acceptable agreement. (b) “Mediator” means a neutral person who conducts a mediation. “Mediator” includes any person designated by a mediator either to assist in the mediation or to communicate with the participants in preparation for a mediation. (c) “Mediation consultation” means a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  85. 1116.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    This section says the chapter does not change a court’s power to order dispute-resolution participation, does not affect enforceability of mediation clauses, and does not make inadmissible evidence admissible.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 affects the enforceability of a contract clause in which parties agree to the use of mediation. (b) Nothing in this chapter makes admissible evidence that is inadmissible under Section 1152 or any other statute. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  86. 1117.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    This chapter applies to mediations, except for certain Family Code proceedings and settlement conferences covered by Rule 3.1380.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 either of the following: (1) A proceeding under Part 1 (commencing with Section 1800) of Division 5 of the Family Code or Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code. (2) A settlement conference pursuant to Rule 3.1380 of the California Rules of Court. (Amended by Stats. 2007, Ch. 130, Sec. 84. Effective January 1, 2008.)
  87. 1118.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    An oral agreement counts as being “in accordance with Section 1118” only if it meets four recording, recitation, assent, and signing conditions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 by a court reporter or reliable means of audio recording. (b) The terms of the oral agreement are recited on the record in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited. (c) The parties to the oral agreement expressly state on the record that the agreement is enforceable or binding, or words to that effect. (d) The recording is reduced to writing and the writing is signed by the parties within 72 hours after it is recorded. (Amended by Stats. 2010, Ch. 328, Sec. 64. (SB 1330) Effective January 1, 2011.)
  88. 1119.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    This section makes mediation communications, admissions, writings, negotiations, and settlement discussions confidential and generally not admissible or discoverable in covered noncriminal proceedings, unless this chapter provides otherwise.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. (b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. (c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  89. 1120.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    Evidence does not become inadmissible or protected from disclosure just because it was used in mediation or a mediation consultation.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 disclosure solely by reason of its introduction or use in a mediation or a mediation consultation. (b) This chapter does not limit any of the following: (1) The admissibility of an agreement to mediate a dispute. (2) The effect of an agreement not to take a default or an agreement to extend the time within which to act or refrain from acting in a pending civil action. (3) Disclosure of the mere fact that a mediator has served, is serving, will serve, or was contacted about serving as a mediator in a dispute. (4) The admissibility of declarations of disclosure required by Sections 2104 and 2105 of the Family Code, even if prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation. (Amended by Stats. 2017, Ch. 60, Sec. 1. (SB 217) Effective January 1, 2018.)
  90. 1121.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    A mediator’s mediation-related reports and findings generally may not be submitted to, or considered by, a court or other adjudicative body.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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, any report, assessment, evaluation, recommendation, or finding of any kind by the mediator concerning a mediation conducted by the mediator, other than a report that is mandated by court rule or other law and that states only whether an agreement was reached, unless all parties to the mediation expressly agree otherwise in writing, or orally in accordance with Section 1118. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  91. 1122.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    This section says mediation communications and writings are normally protected, but they can be disclosed or used if specified consent and content conditions are met.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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, or pursuant to, a mediation or a mediation consultation, is not made inadmissible, or protected from disclosure, by provisions of this chapter if any of the following conditions are satisfied: (1) All persons who conduct or otherwise participate in the mediation expressly agree in writing, or orally in accordance with Section 1118, to disclosure of the communication, document, or writing. (2) The communication, document, or writing was prepared by or on behalf of fewer than all the mediation participants, those participants expressly agree in writing, or orally in accordance with Section 1118, to its disclosure, and the communication, document, or writing does not disclose anything said or done or any admission made in the course of the mediation. (3) The communication, document, or writing is related to an attorney’s compliance with the requirements described in Section 1129 and does not disclose anything said or done or any admission made in the course of the mediation, in which case the communication, document, or writing may be used in an attorney disciplinary proceeding to determine whether the attorney has complied with Section 1129. (b) For purposes of subdivision (a), if the neutral person who conducts a mediation expressly agrees to disclosure, that agreement also binds any other person described in subdivision (b) of Section 1115. (Amended by Stats. 2018, Ch. 350, Sec. 1. (SB 954) Effective January 1, 2019.)
  92. 1123.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    A mediated written settlement agreement is not kept inadmissible or undisclosed if it is signed by the settling parties and one of the listed conditions applies.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 this chapter if the agreement is signed by the settling parties and any of the following conditions are satisfied: (a) The agreement provides that it is admissible or subject to disclosure, or words to that effect. (b) The agreement provides that it is enforceable or binding or words to that effect. (c) All parties to the agreement expressly agree in writing, or orally in accordance with Section 1118, to its disclosure. (d) The agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  93. 1124.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    An oral mediation agreement is not protected from inadmissibility or disclosure if one of the listed conditions is met.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 this chapter if any of the following conditions are satisfied: (a) The agreement is in accordance with Section 1118. (b) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and all parties to the agreement expressly agree, in writing or orally in accordance with Section 1118, to disclosure of the agreement. (c) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and the agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  94. 1125.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    This section says a mediation ends for confidentiality purposes when it is fully or partially resolved, formally terminated by the mediator or a party, or has no communication for 10 calendar days.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 written settlement agreement that fully resolves the dispute. (2) An oral agreement that fully resolves the dispute is reached in accordance with Section 1118. (3) The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. (4) A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section. (5) For 10 calendar days, there is no communication between the mediator and any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement. (b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied: (1) The parties execute a written settlement agreement that partially resolves the dispute. (2) An oral agreement that partially resolves the dispute is reached in accordance with Section 1118. (c) This section does not preclude a party from ending a mediation without reaching an agreement. This section does not otherwise affect the extent to which a party may terminate a mediation. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  95. 1126.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    Statements, admissions, and writings that are inadmissible, protected from disclosure, and confidential during a mediation stay that way after the mediation ends.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  96. 1127.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    If someone tries to compel a mediator to testify or produce a writing, and the court finds the evidence inadmissible or protected, the court must award the mediator reasonable attorney’s fees and costs.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 or other adjudicative body determines that the testimony or writing is inadmissible under this chapter, or protected from disclosure under this chapter, the court or adjudicative body making the determination shall award reasonable attorney’s fees and costs to the mediator against the person seeking the testimony or writing. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  97. 1128.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    A reference to mediation in a later trial is treated as an irregularity; in a later noncriminal proceeding, it can support vacating or modifying the decision and ordering a new or further hearing if it materially affected the requesting party’s substantial rights.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 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 the Code of Civil Procedure. Any reference to a mediation during any other subsequent noncriminal proceeding is grounds for vacating or modifying the decision in that proceeding, in whole or in part, and granting a new or further hearing on all or part of the issues, if the reference materially affected the substantial rights of the party requesting relief. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)
  98. 1129.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. )

    Verify source ↗

    Attorneys must give mediation confidentiality disclosures and get a signed acknowledgment, with specific formatting and timing rules.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Mediation [1115 - 1129] ( Chapter 2 added by Stats. 1997, Ch. 772, Sec. 3. ) ## 1129. (a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation shall, as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, provide that client with a printed disclosure containing the confidentiality restrictions described in Section 1119 and obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions. (b) An attorney who is retained after an individual agrees to participate in the mediation or mediation consultation shall, as soon as reasonably possible after being retained, comply with the printed disclosure and acknowledgment requirements described in subdivision (a). (c) The printed disclosure required by subdivision (a) shall: (1) Be printed in the preferred language of the client in at least 12-point font. (2) Be printed on a single page that is not attached to any other document provided to the client. (3) Include the names of the attorney and the client and be signed and dated by the attorney and the client. (d) If the requirements in subdivision (c) are met, the following disclosure shall be deemed to comply with the requirements of subdivision (a): Mediation Disclosure Notification and Acknowledgment To promote communication in mediation, California law generally makes mediation a confidential process. California’s mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the Evidence Code. Those laws establish the confidentiality of mediation and limit the disclosure, admissibility, and a court’s consideration of communications, writings, and conduct in connection with a mediation. In general, those laws mean the following: • All communications, negotiations, or settlement offers in the course of a mediation must remain confidential. • Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings. • A mediator’s report, opinion, recommendation, or finding about what occurred in a mediation may not be submitted to or considered by a court or another adjudicative body. • A mediator cannot testify in any subsequent civil proceeding about any communication or conduct occurring at, or in connection with, a mediation. This means that all communications between you and your attorney made in preparation for a mediation, or during a mediation, are confidential and cannot be disclosed or used (except in extremely limited circumstances), even if you later decide to sue your attorney for malpractice because of something that happens during the mediation. I, _____________ [Name of Client], understand that, unless all participants agree otherwise, no oral or written communication made during a mediation, or in preparation for a mediation, including communications between me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an action against my attorney for malpractice or an ethical violation. NOTE: This disclosure and signed acknowledgment does not limit your attorney’s potential liability to you for professional malpractice, or prevent you from (1) reporting any professional misconduct by your attorney to the State Bar of California or (2) cooperating with any disciplinary investigation or criminal prosecution of your attorney. [Name of Client] [Date signed] [Name of Attorney] [Date signed] (e) Failure of an attorney to comply with this section is not a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation. (Added by Stats. 2018, Ch. 350, Sec. 2. (SB 954) Effective January 1, 2019.)
  99. 115.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “burden of proof” as a party’s obligation to prove a fact to the required degree of belief.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 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 the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt. Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence. (Enacted by Stats. 1965, Ch. 299.)
  100. 1150.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    On an inquiry into the validity of a verdict, otherwise admissible evidence may be received about statements, conduct, conditions, or events that may have improperly influenced the verdict, but evidence may not be used to show how those matters affected a juror’s vote or mental process.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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, or events occurring, either within or without the jury room, of such a character as is likely to have influenced the verdict improperly. No evidence is admissible to show the effect of such statement, conduct, condition, or event upon a juror either in influencing him to assent to or dissent from the verdict or concerning the mental processes by which it was determined. (b) Nothing in this code affects the law relating to the competence of a juror to give evidence to impeach or support a verdict. (Enacted by Stats. 1965, Ch. 299.)
  101. 1151.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    After an event, later remedial or precautionary measures cannot be used as evidence to prove negligence or culpable conduct.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 likely to occur, evidence of such subsequent measures is inadmissible to prove negligence or culpable conduct in connection with the event. (Enacted by Stats. 1965, Ch. 299.)
  102. 1152.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Settlement-related evidence is generally inadmissible to prove liability, with specific exceptions for some later settlement evidence and for certain claims about partial payment or preexisting debt.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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, or service to another who has sustained or will sustain or claims that he or she has sustained or will sustain loss or damage, as well as any conduct or statements made in negotiation thereof, is inadmissible to prove his or her liability for the loss or damage or any part of it. (b) In the event that evidence of an offer to compromise is admitted in an action for breach of the covenant of good faith and fair dealing or violation of subdivision (h) of Section 790.03 of the Insurance Code, then at the request of the party against whom the evidence is admitted, or at the request of the party who made the offer to compromise that was admitted, evidence relating to any other offer or counteroffer to compromise the same or substantially the same claimed loss or damage shall also be admissible for the same purpose as the initial evidence regarding settlement. Other than as may be admitted in an action for breach of the covenant of good faith and fair dealing or violation of subdivision (h) of Section 790.03 of the Insurance Code, evidence of settlement offers shall not be admitted in a motion for a new trial, in any proceeding involving an additur or remittitur, or on appeal. (c) This section does not affect the admissibility of evidence of any of the following: (1) Partial satisfaction of an asserted claim or demand without questioning its validity when such evidence is offered to prove the validity of the claim. (2) A debtor’s payment or promise to pay all or a part of his or her preexisting debt when such evidence is offered to prove the creation of a new duty on his or her part or a revival of his or her preexisting duty. (Amended by Stats. 1987, Ch. 496, Sec. 1.)
  103. 1153.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Evidence of a withdrawn guilty plea, or an offer to plead guilty, is inadmissible.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 by the defendant in a criminal action is inadmissible in any action or in any proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals. (Enacted by Stats. 1965, Ch. 299.)
  104. 1153.5.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Evidence of certain settlement offers for a criminal matter, and admissions made during those offers or negotiations, is not admissible in any action.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 admissions made in the course of or negotiations for the offer shall not be admissible in any action. (Added by Stats. 1982, Ch. 1518, Sec. 2.)
  105. 1154.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Evidence of settling or offering to settle a claim cannot be used to prove the claim is invalid.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 of a claim, as well as any conduct or statements made in negotiation thereof, is inadmissible to prove the invalidity of the claim or any part of it. (Enacted by Stats. 1965, Ch. 299.)
  106. 1155.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Evidence that a person had liability insurance for the harm is not admissible to prove negligence or other wrongdoing.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 harm is inadmissible to prove negligence or other wrongdoing. (Enacted by Stats. 1965, Ch. 299.)
  107. 1156.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Hospital staff committees may do medical research and studies to reduce morbidity or mortality, but their related written records are generally not admissible as evidence, with stated exceptions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 morbidity or mortality, and may make findings and recommendations relating to such purpose. Except as provided in subdivision (b), the written records of interviews, reports, statements, or memoranda of such in-hospital medical or medical-dental staff committees relating to such medical or dental studies are subject to Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure (relating to discovery proceedings) but, subject to subdivisions (c) and (d), shall not be admitted as evidence in any action or before any administrative body, agency, or person. (b) The disclosure, with or without the consent of the patient, of information concerning him to such in-hospital medical or medical-dental staff committee does not make unprivileged any information that would otherwise be privileged under Section 994 or 1014; but, notwithstanding Sections 994 and 1014, such information is subject to discovery under subdivision (a) except that the identity of any patient may not be discovered under subdivision (a) unless the patient consents to such disclosure. (c) This section does not affect the admissibility in evidence of the original medical or dental records of any patient. (d) This section does not exclude evidence which is relevant evidence in a criminal action. (Amended by Stats. 2004, Ch. 182, Sec. 30. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  108. 1156.1.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    A qualifying committee may do research and medical or psychiatric study to reduce morbidity or mortality, but its related written records generally cannot be admitted as evidence, with listed exceptions.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 study for the purpose of reducing morbidity or mortality, and may make findings and recommendations to the county and state relating to such purpose. Except as provided in subdivision (b), the written records of interviews, reports, statements, or memoranda of such committees relating to such medical or psychiatric studies are subject to Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure but, subject to subdivisions (c) and (d), shall not be admitted as evidence in any action or before any administrative body, agency, or person. (b) The disclosure, with or without the consent of the patient, of information concerning him or her to such committee does not make unprivileged any information that would otherwise be privileged under Section 994 or 1014. However, notwithstanding Sections 994 and 1014, such information is subject to discovery under subdivision (a) except that the identity of any patient may not be discovered under subdivision (a) unless the patient consents to such disclosure. (c) This section does not affect the admissibility in evidence of the original medical or psychiatric records of any patient. (d) This section does not exclude evidence which is relevant evidence in a criminal action. (Amended by Stats. 2004, Ch. 182, Sec. 31. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  109. 1156.5.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    This section bars admitting evidence that a person suffered or experienced excited delirium in any civil action.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 1156.5. (a) Evidence that a person suffered or experienced excited delirium shall not be admitted in any civil action. (b) A party or witness may describe the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition at issue, including, but not limited to, a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain, but shall not describe or diagnose such demeanor, conduct, or condition by use of the term excited delirium, or attribute such demeanor, conduct, or physical and mental condition to that term. (c) For the purposes of this section, “excited delirium” means a term used to describe a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, or for which the court finds there is insufficient scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited delirium also includes excited delirium syndrome, excited delirium, hyperactive delirium, agitated delirium, and exhaustive mania. (Added by Stats. 2023, Ch. 431, Sec. 1. (AB 360) Effective January 1, 2024.)
  110. 1157.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    This section generally protects certain peer review and quality-of-care committee proceedings and records from discovery, and usually lets attendees refuse to testify about what happened at the meeting.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery. (b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting. (c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits. (d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed. (e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 1985–86 Regular Session of the Legislature, at the 1990 portion of the 1989–90 Regular Session of the Legislature, at the 2000 portion of the 1999–2000 Regular Session of the Legislature, at the 2011 portion of the 2011–12 Regular Session of the Legislature, at the 2015 portion of the 2015–16 Regular Session of the Legislature, or at the 2024 portion of the 2023–24 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action. (f) For purposes of this section, “prehospital emergency medical care person or personnel” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code. (Amended by Stats. 2024, Ch. 329, Sec. 1. (AB 2225) Effective January 1, 2025.)
  111. 1157.5.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

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    The Section 1157 discovery/testimony prohibition also applies to certain nonprofit medical review committees and review organizations, except in actions for payment claims by a provider of health care services.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 provided by Section 1157 shall be applicable to the proceedings or records of an organized committee of any nonprofit medical care foundation or professional standards review organization which is organized in a manner which makes available professional competence to review health care services with respect to medical necessity, quality of care, or economic justification of charges or level of care. (Amended by Stats. 1980, Ch. 524.)
  112. 1157.6.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Certain committee records are protected from discovery, and people attending the committee meeting generally cannot be required to testify about what happened there.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 responsibility of evaluation and improvement of the quality of mental health care rendered in county operated and contracted mental health facilities shall be subject to discovery. Except as provided in this section, no person in attendance at a meeting of any such committee shall be required to testify as to what transpired thereat. The prohibition relating to discovery or testimony shall not apply to the statements made by any person in attendance at such a meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting, or to any person requesting facility staff privileges. (Added by Stats. 1982, Ch. 234, Sec. 5. Effective June 2, 1982.)
  113. 1157.7.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Section 1157.7 extends Section 1157’s discovery/testimony prohibition to certain local-government committee proceedings and records, and excludes specified Government Code open-meeting/public-records provisions from applying to those committee records and proceedings.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 governmental agency to monitor, evaluate, and report on the necessity, quality, and level of specialty health services, including, but not limited to, trauma care services, provided by a general acute care hospital that has been designated or recognized by that governmental agency as qualified to render specialty health care services. The provisions of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code shall not be applicable to the committee records and proceedings. (Amended by Stats. 2021, Ch. 615, Sec. 105. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  114. 1158.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

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    Medical providers must promptly let an attorney inspect and copy patient records after a valid written authorization is presented, and they must accept certain valid authorization forms.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 1158. (a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, or pharmacist or pharmacy, duly licensed as such under the laws of the state, or a licensed hospital. (b) Before the filing of any action or the appearance of a defendant in an action, if an attorney at law or his or her representative presents a written authorization therefor signed by an adult patient, by the guardian or conservator of his or her person or estate, or, in the case of a minor, by a parent or guardian of the minor, or by the personal representative or an heir of a deceased patient, or a copy thereof, to a medical provider, the medical provider shall promptly make all of the patient’s records under the medical provider’s custody or control available for inspection and copying by the attorney at law or his or her representative. (c) Copying of medical records shall not be performed by a medical provider, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney’s representative. (d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section. (e) (1) All reasonable costs incurred by a medical provider in making patient records available pursuant to this section may be charged against the attorney who requested the records. (2) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 81/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. (f) If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. (g) If the records requested pursuant to subdivision (b) are maintained electronically and if the requesting party requests an electronic copy of such information, the medical provider shall provide the requested medical records in the electronic form and format requested by the requesting party, if it is readily producible in such form and format, or, if not, in a readable form and format as agreed to by the medical provider and the requesting party. (h) A medical provider shall accept a signed and completed authorization form for the disclosure of health information if both of the following conditions are satisfied: (1) The medical provider determines that the form is valid. (2) The form is printed in a typeface no smaller than 14-point type and is in substantially the following form: AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization. Medical provider: ________________ Patient name: ________________ Medical record number: ________________ Date of birth: ________________ Address: ________________ Telephone number: ________________ Email: ________________ Recipient name: ________________ Recipient address: ________________ Recipient telephone number: ________________ Recipient email: ________________ Health information requested (check all that apply): ___Records dated from ________ to ________. ___Radiology records: ________ images or films ________ reports________digital/CD, if available. ___Laboratory results dated. ___Laboratory results regarding specific test(s) only (specify)________. ___All records. ___Records related to a specific injury, treatment, or other purpose (specify): ________________. Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): ___Mental health records. ___Alcohol or drug records. ___HIV test results. Method of delivery of requested records: ___Mail ___Pick up ___Electronic delivery, recipient email:________________ This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patient signature*: ________________ Date: ________________ Print name: ________________ *If not signed by the patient, please indicate relationship to the patient (check one, if applicable): ___Parent or guardian of minor patient who could not have consented to health care. ___Guardian or conservator of an incompetent patient. ___Beneficiary or personal representative of deceased patient. (Amended by Stats. 2015, Ch. 528, Sec. 1. (AB 1337) Effective January 1, 2016.)
  115. 1159.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Evidence about live animal experimentation is not admissible in product liability actions involving motor vehicles.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 action involving a motor vehicle or vehicles. (b) This section shall apply to cases for which a trial has not actually commenced, as described in paragraph (6) of subdivision (a) of Section 581 of the Code of Civil Procedure, on January 1, 1993. (Added by Stats. 1992, Ch. 188, Sec. 1. Effective January 1, 1993.)
  116. 1160.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Certain sympathy or benevolence statements and gestures made after an accident are inadmissible to prove liability in a civil action, except that statements of fault included with them are not covered by that exclusion.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 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 a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence of an admission of liability in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall not be inadmissible pursuant to this section. (b) For purposes of this section: (1) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party. (2) “Benevolent gestures” means actions which convey a sense of compassion or commiseration emanating from humane impulses. (3) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse’s parents of an injured party. (Added by Stats. 2000, Ch. 195, Sec. 1. Effective January 1, 2001.)
  117. 1161.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

    Verify source ↗

    Certain evidence about a human trafficking victim’s sexual history or commercial sexual acts is inadmissible for proving liability or attacking credibility/character.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 1161. (a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim’s criminal liability for the commercial sexual act. (b) Evidence of sexual history or history of any commercial sexual act of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, is inadmissible to attack the credibility or impeach the character of the victim in any civil or criminal proceeding. (Amended by Stats. 2013, Ch. 126, Sec. 1. (AB 694) Effective January 1, 2014. Note: This section was added on Nov. 6, 2012, by initiative Prop. 35.)
  118. 1162.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. )

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    Evidence that a qualifying victim or witness engaged in prostitution around the time of the listed crime is inadmissible in a separate prosecution to prove criminal liability for prostitution.

    ## Evidence Code - EVID ## DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES [1100 - 1162] ( Division 9 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies [1150 - 1162] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1997, Ch. 772, Sec. 4. ) ## 1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution. (Amended by Stats. 2019, Ch. 141, Sec. 3. (SB 233) Effective January 1, 2020.)
  119. 12.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. )

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    This section sets when the code becomes operative and how it applies to trials, pending actions, appeals, and privilege claims around January 1, 1967.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 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 provided in subdivision (b), further proceedings in actions pending on that date. (b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision: (1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code. (2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial. (c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966. (Enacted by Stats. 1965, Ch. 299.)
  120. 120.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    This section says that “civil action” includes civil proceedings.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 120. “Civil action” includes civil proceedings. (Enacted by Stats. 1965, Ch. 299.)
  121. 1200.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines hearsay evidence and says it is inadmissible unless another law provides otherwise.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 to prove the truth of the matter stated. (b) Except as provided by law, hearsay evidence is inadmissible. (c) This section shall be known and may be cited as the hearsay rule. (Enacted by Stats. 1965, Ch. 299.)
  122. 1201.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A statement covered by a hearsay exception is not excluded just because it is hearsay, if each hearsay statement also meets a hearsay exception.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 hearsay evidence if such hearsay evidence consists of one or more statements each of which meets the requirements of an exception to the hearsay rule. (Amended by Stats. 1967, Ch. 650.)
  123. 1202.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Certain inconsistent statements or conduct by a declarant may be used to attack the declarant’s credibility, even without giving the declarant a chance to explain or deny it.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 is not inadmissible for the purpose of attacking the credibility of the declarant though he is not given and has not had an opportunity to explain or to deny such inconsistent statement or other conduct. Any other evidence offered to attack or support the credibility of the declarant is admissible if it would have been admissible had the declarant been a witness at the hearing. For the purposes of this section, the deponent of a deposition taken in the action in which it is offered shall be deemed to be a hearsay declarant. (Enacted by Stats. 1965, Ch. 299.)
  124. 1203.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    An adverse party may call and examine the declarant of a hearsay statement, as if on cross-examination, unless the section’s listed exceptions apply.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 concerning the statement. (b) This section is not applicable if the declarant is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the statement. (c) This section is not applicable if the statement is one described in Article 1 (commencing with Section 1220), Article 3 (commencing with Section 1235), or Article 10 (commencing with Section 1300) of Chapter 2 of this division. (d) A statement that is otherwise admissible as hearsay evidence is not made inadmissible by this section because the declarant who made the statement is unavailable for examination pursuant to this section. (Enacted by Stats. 1965, Ch. 299.)
  125. 1203.1.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Section 1203 does not apply when a hearsay statement is offered at a preliminary examination, as provided in Penal Code Section 872.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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. (Added June 5, 1990, by initiative Proposition 115, Sec. 8. Note: Prop. 115 is titled the Crime Victims Justice Reform Act.)
  126. 1204.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A hearsay statement that would otherwise be admissible cannot be used against the defendant in a criminal action if it was made in circumstances that make it inadmissible under the U.S. Constitution or California Constitution.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 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 the defendant or by another, under such circumstances that it is inadmissible against the defendant under the Constitution of the United States or the State of California. (Enacted by Stats. 1965, Ch. 299.)
  127. 1205.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    This section says the division must not be read to repeal any other hearsay-related statute by implication.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. General Provisions [1200 - 1205] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 1205. Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence. (Enacted by Stats. 1965, Ch. 299.)
  128. 1220.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statement is not excluded by the hearsay rule when it is offered against the declarant in an action where the declarant is a party.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity. (Enacted by Stats. 1965, Ch. 299.)
  129. 1221.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statement offered against a party is not barred by the hearsay rule if the party, knowing what it said, adopted it or showed a belief that it was true.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth. (Enacted by Stats. 1965, Ch. 299.)
  130. 1222.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statement offered against a party is not barred by the hearsay rule if it was made by a person authorized by that party and the authority is supported by evidence, or is later supported subject to the court’s order of proof.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 authorized by the party to make a statement or statements for him concerning the subject matter of the statement; and (b) The evidence is offered either after admission of evidence sufficient to sustain a finding of such authority or, in the court’s discretion as to the order of proof, subject to the admission of such evidence. (Enacted by Stats. 1965, Ch. 299.)
  131. 1223.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statement offered against a party is not barred by the hearsay rule if it was made during and in furtherance of a conspiracy, and the required conspiracy evidence is admitted.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 while participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy; (b) The statement was made prior to or during the time that the party was participating in that conspiracy; and (c) The evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in subdivisions (a) and (b) or, in the court’s discretion as to the order of proof, subject to the admission of such evidence. (Enacted by Stats. 1965, Ch. 299.)
  132. 1224.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statement by the declarant can be admitted against a party in a civil action when that party’s liability, obligation, or duty depends in whole or in part on the declarant’s liability, obligation, duty, or breach of duty.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 duty of the declarant, or when the claim or right asserted by a party to a civil action is barred or diminished by a breach of duty by the declarant, evidence of a statement made by the declarant is as admissible against the party as it would be if offered against the declarant in an action involving that liability, obligation, duty, or breach of duty. (Enacted by Stats. 1965, Ch. 299.)
  133. 1225.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    In a civil action, a statement made by the declarant while the party claims the declarant held the relevant property right, title, or interest can be admitted against that party.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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, title, or interest exists or existed in the declarant, evidence of a statement made by the declarant during the time the party now claims the declarant was the holder of the right, title, or interest is as admissible against the party as it would be if offered against the declarant in an action involving that right, title, or interest. (Enacted by Stats. 1965, Ch. 299.)
  134. 1226.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A minor child’s statement is not excluded by the hearsay rule when offered against the plaintiff in a Section 376 Civil Procedure action for injury to that child.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 under Section 376 of the Code of Civil Procedure for injury to such minor child. (Enacted by Stats. 1965, Ch. 299.)
  135. 1227.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A deceased person’s statement is not excluded by the hearsay rule when it is offered against the plaintiff in a wrongful death action.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 death brought under Article 6 (commencing with Section 377.60) of Chapter 4 of Title 3 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2023, Ch. 131, Sec. 58. (AB 1754) Effective January 1, 2024.)
  136. 1228.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A court may admit a complaining witness statement for this purpose if the section’s listed conditions are met, and the prosecution must give the defendant written notice at least 10 days before the hearing or trial.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 a person accused of violating Section 261, 264.1, 285, 286, 287, 288, 289, or 647a of, or former Section 288a of, the Penal Code, a court, in its discretion, may determine that a statement of the complaining witness is not made inadmissible by the hearsay rule if it finds all of the following: (a) The statement was made by a minor child under the age of 12, and the contents of the statement were included in a written report of a law enforcement official or an employee of a county welfare department. (b) The statement describes the minor child as a victim of sexual abuse. (c) The statement was made prior to the defendant’s confession. The court shall view with caution the testimony of a person recounting hearsay where there is evidence of personal bias or prejudice. (d) There are no circumstances, such as significant inconsistencies between the confession and the statement concerning material facts establishing any element of the crime or the identification of the defendant, that would render the statement unreliable. (e) The minor child is found to be unavailable pursuant to paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to testify. (f) The confession was memorialized in a trustworthy fashion by a law enforcement official. If the prosecution intends to offer a statement of the complaining witness pursuant to this section, the prosecution shall serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement. If the statement is offered during trial, the court’s determination shall be made out of the presence of the jury. If the statement is found to be admissible pursuant to this section, it shall be admitted out of the presence of the jury and solely for the purpose of determining the admissibility of the confession of the defendant. (Amended by Stats. 2018, Ch. 423, Sec. 23. (SB 1494) Effective January 1, 2019.)
  137. 1228.1.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A parent or legal guardian’s signature on, or acceptance of services under, a child welfare services case plan is not an admission of guilt and cannot be used as evidence against them in court.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Confessions and Admissions [1220 - 1228.1] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 acceptance of any services prescribed in the child welfare services case plan by any parent or legal guardian shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. (b) A parent’s or guardian’s failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used as evidence, if relevant, in any hearing held pursuant to Section 366.21, 366.22, or 388 of the Welfare and Institutions Code and at any jurisdictional or dispositional hearing held on a petition filed pursuant to Section 300, 342, or 387 of the Welfare and Institutions Code. (Amended by Stats. 1997, Ch. 793, Sec. 1. Effective January 1, 1998.)
  138. 1230.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Declarations Against Interest [1230- 1230.] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A statement may be admitted despite the hearsay rule if the declarant is unavailable and the statement was against the declarant’s interest or exposed the declarant to liability or social disgrace.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Declarations Against Interest [1230- 1230.] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 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 unavailable as a witness and the statement, when made, was so far contrary to the declarant’s pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true. (Enacted by Stats. 1965, Ch. 299.)
  139. 1231.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. )

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    A prior statement by a deceased declarant is not barred by the hearsay rule if the proponent proves the listed conditions.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. ) ## 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 of introducing the statement establishes each of the following: (a) The statement relates to acts or events relevant to a criminal prosecution under provisions of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 of the Penal Code). (b) A verbatim transcript, copy, or record of the statement exists. A record may include a statement preserved by means of an audio or video recording or equivalent technology. (c) The statement relates to acts or events within the personal knowledge of the declarant. (d) The statement was made under oath or affirmation in an affidavit; or was made at a deposition, preliminary hearing, grand jury hearing, or other proceeding in compliance with law, and was made under penalty of perjury. (e) The declarant died from other than natural causes. (f) The statement was made under circumstances that would indicate its trustworthiness and render the declarant’s statement particularly worthy of belief. For purposes of this subdivision, circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following: (1) Whether the statement was made in contemplation of a pending or anticipated criminal or civil matter, in which the declarant had an interest, other than as a witness. (2) Whether the declarant had a bias or motive for fabricating the statement, and the extent of any bias or motive. (3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section. (4) Whether the statement was a statement against the declarant’s interest. (Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
  140. 1231.1.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. )

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    A proponent may use the statement only if it gives the adverse party advance notice of the intent to offer it and enough details to prepare a response.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. ) ## 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 the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement. (Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
  141. 1231.2.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. )

    Verify source ↗

    A peace officer may administer and certify oaths for this article.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. ) ## 1231.2. A peace officer may administer and certify oaths for purposes of this article. (Amended by Stats. 1998, Ch. 606, Sec. 2. Effective January 1, 1999.)
  142. 1231.3.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. )

    Verify source ↗

    A law enforcement officer testifying about a hearsay statement under this article must either have five years of law enforcement experience or complete a certified training course.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. ) ## 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 completed a training course certified by the Commission on Peace Officer Standards and Training which includes training in the investigation and reporting of cases and testifying at preliminary hearings and trials. (Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
  143. 1231.4.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. )

    Verify source ↗

    If a prior statement is introduced under this article, the jury must not be told that the declarant died from other than natural causes.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes [1231 - 1231.4] ( Article 2.5 added by Stats. 1997, Ch. 499, Sec. 1. ) ## 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 natural causes, but shall merely be told that the declarant is unavailable. (Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
  144. 1235.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A witness’s prior statement is not excluded as hearsay if it conflicts with the witness’s testimony at the hearing and is offered under Section 770.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 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 the hearing and is offered in compliance with Section 770. (Enacted by Stats. 1965, Ch. 299.)
  145. 1236.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A prior statement by a witness is not excluded as hearsay if it matches the witness’s testimony at the hearing and is offered under Section 791.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 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 at the hearing and is offered in compliance with Section 791. (Enacted by Stats. 1965, Ch. 299.)
  146. 1237.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A prior witness statement is not barred by the hearsay rule if specific memory, writing, testimony, and authentication conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 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 if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which: (1) Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness’ memory; (2) Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness’ statement at the time it was made; (3) Is offered after the witness testifies that the statement he made was a true statement of such fact; and (4) Is offered after the writing is authenticated as an accurate record of the statement. (b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party. (Enacted by Stats. 1965, Ch. 299.)
  147. 1238.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A witness’s prior statement is not excluded by the hearsay rule if it would have been admissible while the witness was testifying and the listed identification, memory, and later-testimony conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Prior Statements of Witnesses [1235 - 1238] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 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 made by him while testifying and: (a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and (c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time. (Enacted by Stats. 1965, Ch. 299.)
  148. 1240.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A statement is not barred by the hearsay rule if it describes an event the declarant perceived and was made spontaneously under excitement from that perception.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 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, or event perceived by the declarant; and (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception. (Enacted by Stats. 1965, Ch. 299.)
  149. 1241.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A statement is not barred by the hearsay rule when it is offered to explain the declarant’s conduct and was made while that conduct was happening.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 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 of the declarant; and (b) Was made while the declarant was engaged in such conduct. (Enacted by Stats. 1965, Ch. 299.)
  150. 1242.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A dying person's statement about the cause and circumstances of death is not excluded by the hearsay rule if it was based on personal knowledge and made under the sense of immediately impending death.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations [1240 - 1242] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 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 if the statement was made upon his personal knowledge and under a sense of immediately impending death. (Enacted by Stats. 1965, Ch. 299.)
  151. 125.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    “Conduct” includes all active and passive behavior, including verbal and nonverbal behavior.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 125. “Conduct” includes all active and passive behavior, both verbal and nonverbal. (Enacted by Stats. 1965, Ch. 299.)
  152. 1250.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Statements about a declarant’s current mental, emotional, or physical condition can be used for limited purposes, subject to Section 1252, but statements of memory or belief cannot be used to prove the remembered or believed fact.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 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 intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: (1) The evidence is offered to prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or (2) The evidence is offered to prove or explain acts or conduct of the declarant. (b) This section does not make admissible evidence of a statement of memory or belief to prove the fact remembered or believed. (Enacted by Stats. 1965, Ch. 299.)
  153. 1251.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A statement about a declarant’s prior mental or physical condition may avoid the hearsay rule if the declarant is unavailable and the statement is used only to prove that condition.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 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, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if: (a) The declarant is unavailable as a witness; and (b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation. (Enacted by Stats. 1965, Ch. 299.)
  154. 1252.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A statement is inadmissible under this article if it was made in circumstances indicating it is not trustworthy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 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. (Enacted by Stats. 1965, Ch. 299.)
  155. 1253.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Some statements for medical diagnosis or treatment are not excluded by the hearsay rule, and the section also applies to certain child-abuse or neglect statements by minors under 12.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Statements of Mental or Physical State [1250 - 1253] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 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 diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to a statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor. (Added by Stats. 1995, Ch. 87, Sec. 2. Effective January 1, 1996.)
  156. 1260.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260 - 1261] ( Article 6 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Certain statements about a declarant’s will or revocable trust are not barred by the hearsay rule if the declarant is unavailable as a witness, unless the statement lacks trustworthiness.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260 - 1261] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 1260. (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule: (1) That the declarant has or has not made a will or established or amended a revocable trust. (2) That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust. (3) That identifies the declarant’s will, revocable trust, or an amendment to a revocable trust. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness. (Amended by Stats. 2010, Ch. 106, Sec. 1. (SB 1041) Effective January 1, 2011.)
  157. 1261.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260 - 1261] ( Article 6 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A statement may be used in a claim against a declarant’s estate if it meets the personal-knowledge, recent-perception, and clear-recollection conditions; statements lacking trustworthiness are excluded.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260 - 1261] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 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 estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Enacted by Stats. 1965, Ch. 299.)
  158. 1270.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In this article, “a business” is defined broadly to include business, governmental activity, professions, occupations, callings, and institutional operations, whether or not they are for profit.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 profit or not. (Enacted by Stats. 1965, Ch. 299.)
  159. 1271.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Business-record writings can avoid the hearsay bar when they meet the listed reliability conditions.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 prove the act, condition, or event if: (a) The writing was made in the regular course of a business; (b) The writing was made at or near the time of the act, condition, or event; (c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness. (Enacted by Stats. 1965, Ch. 299.)
  160. 1272.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Business-record evidence of no record can be used to show an event did not happen or a condition did not exist, if the business normally kept such records and the record-keeping method is trustworthy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 7. Business Records [1270 - 1272] ( Article 7 enacted by Stats. 1965, Ch. 299. ) ## 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 the hearsay rule when offered to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if: (a) It was the regular course of that business to make records of all such acts, conditions, or events at or near the time of the act, condition, or event and to preserve them; and (b) The sources of information and method and time of preparation of the records of that business were such that the absence of a record of an act, condition, or event is a trustworthy indication that the act or event did not occur or the condition did not exist. (Added by Stats. 1965, Ch. 299.)
  161. 1280.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A writing that records an act, condition, or event may be used despite the hearsay rule if it meets the stated public-employee, timing, and trustworthiness conditions.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 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 any civil or criminal proceeding to prove the act, condition, or event if all of the following applies: (a) The writing was made by and within the scope of duty of a public employee. (b) The writing was made at or near the time of the act, condition, or event. (c) The sources of information and method and time of preparation were such as to indicate its trustworthiness. (Amended by Stats. 1996, Ch. 642, Sec. 4. Effective January 1, 1997.)
  162. 1281.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A writing recorded as a birth, fetal death, death, or marriage record is not excluded by the hearsay rule if it was required by law to be filed in a designated public office and was made and filed as required.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 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 the maker was required by law to file the writing in a designated public office and the writing was made and filed as required by law. (Enacted by Stats. 1965, Ch. 299.)
  163. 1282.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A written finding of presumed death made by an authorized U.S. employee must be received as evidence in California courts, offices, or other places in the state.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 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 Act (56 Stats. 143, 1092, and P.L. 408, Ch. 371, 2d Sess. 78th Cong.; 50 U.S.C. App. 1001–1016), as enacted or as heretofore or hereafter amended, shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and of the date, circumstances, and place of his disappearance. (Enacted by Stats. 1965, Ch. 299.)
  164. 1283.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    An official written report or record made by an authorized U.S. employee must be received as evidence in California courts and other state locations for the facts it states about a person’s missing, captured, detained, or death/alive status.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 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 by a hostile force, beseiged by a hostile force, or detained in a foreign country against his will, or is dead or is alive, made by an employee of the United States authorized by any law of the United States to make such report or record shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, besieged by a hostile force, or detained in a foreign country against his will, or is dead or is alive. (Enacted by Stats. 1965, Ch. 299.)
  165. 1284.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A writing by the official custodian of public records, stating a diligent search and failure to find a record, is not excluded by the hearsay rule when it is offered to show that no record exists in that office.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 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 failure to find a record, is not made inadmissible by the hearsay rule when offered to prove the absence of a record in that office. (Enacted by Stats. 1965, Ch. 299.)
  166. 1285.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. )

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    Certain statements in an official law enforcement report about a convicted sexual offense are not treated as inadmissible hearsay at a specified civil hearing.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 8. Official Records and Other Official Writings [1280 - 1285] ( Article 8 enacted by Stats. 1965, Ch. 299. ) ## 1285. Within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the following statements are not made inadmissible by the hearsay rule at the civil hearing described in Section 6602 of the Welfare and Institutions Code when offered to prove the truth of the matter stated: (a) A statement from a victim of the sexual offense. (b) A statement from an eyewitness to the sexual offense. (c) A statement from a sexual assault medical examiner who examined a victim of the sexual offense. (Added by Stats. 2023, Ch. 363, Sec. 1. (AB 1253) Effective January 1, 2024.)
  167. 1290.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. )

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    This section defines “former testimony” as testimony given under oath in certain prior proceedings.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 same action; (b) A proceeding to determine a controversy conducted by or under the supervision of an agency that has the power to determine such a controversy and is an agency of the United States or a public entity in the United States; (c) A deposition taken in compliance with law in another action; or (d) An arbitration proceeding if the evidence of such former testimony is a verbatim transcript thereof. (Enacted by Stats. 1965, Ch. 299.)
  168. 1291.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Former testimony may be admitted despite the hearsay rule if the declarant is unavailable and the section’s use-and-cross-examination conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or against the successor in interest of such person; or (2) The party against whom the former testimony is offered was a party to the action or proceeding in which the testimony was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing. (b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to: (1) Objections to the form of the question which were not made at the time the former testimony was given. (2) Objections based on competency or privilege which did not exist at the time the former testimony was given. (Enacted by Stats. 1965, Ch. 299.)
  169. 1292.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Former testimony may be admitted despite the hearsay rule if the declarant is unavailable, the testimony is offered in a civil action, and the earlier opponent had a similar opportunity and motive to cross-examine.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 testimony is offered in a civil action; and (3) The issue is such that the party to the action or proceeding in which the former testimony was given had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party against whom the testimony is offered has at the hearing. (b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to objections based on competency or privilege which did not exist at the time the former testimony was given. (Enacted by Stats. 1965, Ch. 299.)
  170. 1293.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Former testimony from a minor child complaining witness at a preliminary examination may be admissible in a dependency proceeding if the cross-examination conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 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 hearsay rule if: (1) The former testimony is offered in a proceeding to declare the minor a dependent child of the court pursuant to Section 300 of the Welfare and Institutions Code. (2) The issues are such that a defendant in the preliminary examination in which the former testimony was given had the right and opportunity to cross-examine the minor child with an interest and motive similar to that which the parent or guardian against whom the testimony is offered has at the proceeding to declare the minor a dependent child of the court. (b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the minor child were testifying at the proceeding to declare him or her a dependent child of the court. (c) The attorney for the parent or guardian against whom the former testimony is offered or, if none, the parent or guardian may make a motion to challenge the admissibility of the former testimony upon a showing that new substantially different issues are present in the proceeding to declare the minor a dependent child than were present in the preliminary examination. (d) As used in this section, “complaining witness” means the alleged victim of the crime for which a preliminary examination was held. (e) This section shall apply only to testimony made at a preliminary examination on and after January 1, 1990. (Added by Stats. 1989, Ch. 322, Sec. 1.)
  171. 1294.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Section 1294 says certain prior inconsistent statements admitted in specified proceedings are not excluded by the hearsay rule if the witness is unavailable and former testimony is admitted; it also allows the opposing party to examine or cross-examine the witness’s prior testifier.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 9. Former Testimony [1290 - 1294] ( Article 9 enacted by Stats. 1965, Ch. 299. ) ## 1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291: (1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter. (2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter. (b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness. (c) As used in this section, “conditional examination” has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code. (Amended by Stats. 2018, Ch. 64, Sec. 1. (AB 1736) Effective January 1, 2019.)
  172. 130.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    “Criminal action” includes criminal proceedings.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 130. “Criminal action” includes criminal proceedings. (Enacted by Stats. 1965, Ch. 299.)
  173. 1300.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. )

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    A final felony judgment can be used in a civil action to prove facts essential to that judgment, and the hearsay rule does not make it inadmissible.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. ) ## 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 offered in a civil action to prove any fact essential to the judgment whether or not the judgment was based on a plea of nolo contendere. (Amended by Stats. 1982, Ch. 390, Sec. 2.)
  174. 1301.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. )

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    A judgment debtor may use evidence of a final judgment to prove facts that were essential to that judgment in certain related claims.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. ) ## 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 essential to the judgment in an action in which he seeks to: (a) Recover partial or total indemnity or exoneration for money paid or liability incurred because of the judgment; (b) Enforce a warranty to protect the judgment debtor against the liability determined by the judgment; or (c) Recover damages for breach of warranty substantially the same as the warranty determined by the judgment to have been breached. (Enacted by Stats. 1965, Ch. 299.)
  175. 1302.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In a civil action, a final judgment against a third person may be used to prove that person's liability, obligation, or duty, and the hearsay rule does not make it inadmissible for that purpose.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 10. Judgments [1300 - 1302] ( Article 10 enacted by Stats. 1965, Ch. 299. ) ## 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 is not made inadmissible by the hearsay rule when offered to prove such liability, obligation, or duty. (Enacted by Stats. 1965, Ch. 299.)
  176. 1310.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A family-history statement by an unavailable declarant is not barred by the hearsay rule, unless it appears untrustworthy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Amended by Stats. 1975, Ch. 1244.)
  177. 1311.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Family-history statements are not barred by the hearsay rule if the declarant is unavailable and the listed relationship and knowledge conditions are met, unless the statement looks untrustworthy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 marriage, or other similar fact of the family history of a person other than the declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The declarant was related to the other by blood or marriage; or (2) The declarant was otherwise so intimately associated with the other’s family as to be likely to have had accurate information concerning the matter declared and made the statement (i) upon information received from the other or from a person related by blood or marriage to the other or (ii) upon repute in the other’s family. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Amended by Stats. 1975, Ch. 1244.)
  178. 1312.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Certain family-record evidence is not excluded by the hearsay rule when used to prove family history facts.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 like, is not made inadmissible by the hearsay rule when offered to prove the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage. (Amended by Stats. 1975, Ch. 1244.)
  179. 1313.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Family reputation evidence is not excluded by the hearsay rule when it concerns specified family-history facts.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage. (Amended by Stats. 1975, Ch. 1244.)
  180. 1314.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Community reputation evidence about a person's birth, marriage, divorce, or death is not excluded by the hearsay rule when the person lived in that community at the time.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 the time of the reputation is not made inadmissible by the hearsay rule. (Enacted by Stats. 1965, Ch. 299.)
  181. 1315.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A family-history statement in a church or similar religious record is not made inadmissible by the hearsay rule if it meets two recordkeeping conditions.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 fact of family history which is contained in a writing made as a record of a church, religious denomination, or religious society is not made inadmissible by the hearsay rule if: (a) The statement is contained in a writing made as a record of an act, condition, or event that would be admissible as evidence of such act, condition, or event under Section 1271; and (b) The statement is of a kind customarily recorded in connection with the act, condition, or event recorded in the writing. (Amended by Stats. 1975, Ch. 1244.)
  182. 1316.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Family-history statements in a qualifying certificate are not barred by the hearsay rule if the certificate-maker performed the ceremony or sacrament, is authorized to do so, and issued the certificate at the ceremony or within a reasonable time after.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 11. Family History [1310 - 1316] ( Article 11 enacted by Stats. 1965, Ch. 299. ) ## 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 fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and: (a) The maker was a clergyman, civil officer, or other person authorized to perform the acts reported in the certificate by law or by the rules, regulations, or requirements of a church, religious denomination, or religious society; and (b) The certificate was issued by the maker at the time and place of the ceremony or sacrament or within a reasonable time thereafter. (Amended by Stats. 1975, Ch. 1244.)
  183. 1320.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Community reputation evidence is not excluded by the hearsay rule when it concerns an important event in the general history of the community, state, or nation.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. ) ## 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 community or of the state or nation of which the community is a part and the event was of importance to the community. (Enacted by Stats. 1965, Ch. 299.)
  184. 1321.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. )

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    Community reputation evidence is not barred by the hearsay rule when it concerns public property interests in the community and arose before the controversy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. ) ## 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 in the community and the reputation arose before controversy. (Enacted by Stats. 1965, Ch. 299.)
  185. 1322.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. )

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    Community reputation evidence is not barred by the hearsay rule when it concerns land boundaries or customs affecting land, and the reputation existed before the controversy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. ) ## 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 the community and the reputation arose before controversy. (Enacted by Stats. 1965, Ch. 299.)
  186. 1323.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. )

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    A statement about a land boundary is not barred by the hearsay rule if the declarant is unavailable and knew enough about the subject, unless the statement appears untrustworthy.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. ) ## 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 and had sufficient knowledge of the subject, but evidence of a statement is not admissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Enacted by Stats. 1965, Ch. 299.)
  187. 1324.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. )

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    General reputation evidence about a person’s character is not excluded by the hearsay rule.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character [1320 - 1324] ( Article 12 enacted by Stats. 1965, Ch. 299. ) ## 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 which he then resided or in a group with which he then habitually associated is not made inadmissible by the hearsay rule. (Enacted by Stats. 1965, Ch. 299.)
  188. 1330.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 13. Dispositive Instruments and Ancient Writings [1330 - 1331] ( Article 13 enacted by Stats. 1965, Ch. 299. )

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    A statement in a deed, will, or similar property-related writing is not excluded by the hearsay rule if the statement fits the writing’s purpose, relates to a property-interest issue, and later dealings with the property are consistent with it.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 13. Dispositive Instruments and Ancient Writings [1330 - 1331] ( Article 13 enacted by Stats. 1965, Ch. 299. ) ## 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 property is not made inadmissible by the hearsay rule if: (a) The matter stated was relevant to the purpose of the writing; (b) The matter stated would be relevant to an issue as to an interest in the property; and (c) The dealings with the property since the statement was made have not been inconsistent with the truth of the statement. (Enacted by Stats. 1965, Ch. 299.)
  189. 1331.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 13. Dispositive Instruments and Ancient Writings [1330 - 1331] ( Article 13 enacted by Stats. 1965, Ch. 299. )

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    A statement in a writing over 30 years old may avoid exclusion under the hearsay rule if people with an interest in the matter have generally treated it as true.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 13. Dispositive Instruments and Ancient Writings [1330 - 1331] ( Article 13 enacted by Stats. 1965, Ch. 299. ) ## 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 and the statement has been since generally acted upon as true by persons having an interest in the matter. (Enacted by Stats. 1965, Ch. 299.)
  190. 1340.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 14. Commercial, Scientific, and Similar Publications [1340 - 1341] ( Article 14 enacted by Stats. 1965, Ch. 299. )

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    A statement in a published compilation is not excluded by the hearsay rule if the compilation is generally used and relied on as accurate in business.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 14. Commercial, Scientific, and Similar Publications [1340 - 1341] ( Article 14 enacted by Stats. 1965, Ch. 299. ) ## 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 hearsay rule if the compilation is generally used and relied upon as accurate in the course of a business as defined in Section 1270. (Enacted by Stats. 1965, Ch. 299.)
  191. 1341.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 14. Commercial, Scientific, and Similar Publications [1340 - 1341] ( Article 14 enacted by Stats. 1965, Ch. 299. )

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    Certain historical works, science or art books, and published maps or charts are not excluded by the hearsay rule when used to prove facts of general notoriety and interest.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 14. Commercial, Scientific, and Similar Publications [1340 - 1341] ( Article 14 enacted by Stats. 1965, Ch. 299. ) ## 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 hearsay rule when offered to prove facts of general notoriety and interest. (Enacted by Stats. 1965, Ch. 299.)
  192. 135.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    “Declarant” means a person who makes a statement.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 135. “Declarant” is a person who makes a statement. (Enacted by Stats. 1965, Ch. 299.)
  193. 1350.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 15. Declarant Unavailable as Witness [1350- 1350.] ( Article 15 added by Stats. 1985, Ch. 783, Sec. 1. )

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    This section lets certain statements be used in a criminal serious-felony case when the declarant is unavailable and specified conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 15. Declarant Unavailable as Witness [1350- 1350.] ( Article 15 added by Stats. 1985, Ch. 783, Sec. 1. ) ## 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 if the declarant is unavailable as a witness, and all of the following are true: (1) There is clear and convincing evidence that the declarant’s unavailability was knowingly caused by, aided by, or solicited by the party against whom the statement is offered for the purpose of preventing the arrest or prosecution of the party and is the result of the death by homicide or the kidnapping of the declarant. (2) There is no evidence that the unavailability of the declarant was caused by, aided by, solicited by, or procured on behalf of, the party who is offering the statement. (3) The statement has been memorialized in a tape recording made by a law enforcement official, or in a written statement prepared by a law enforcement official and signed by the declarant and notarized in the presence of the law enforcement official, prior to the death or kidnapping of the declarant. (4) The statement was made under circumstances which indicate its trustworthiness and was not the result of promise, inducement, threat, or coercion. (5) The statement is relevant to the issues to be tried. (6) The statement is corroborated by other evidence which tends to connect the party against whom the statement is offered with the commission of the serious felony with which the party is charged. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. (b) If the prosecution intends to offer a statement pursuant to this section, the prosecution shall serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement, unless the prosecution shows good cause for the failure to provide that notice. In the event that good cause is shown, the defendant shall be entitled to a reasonable continuance of the hearing or trial. (c) If the statement is offered during trial, the court’s determination shall be made out of the presence of the jury. If the defendant elects to testify at the hearing on a motion brought pursuant to this section, the court shall exclude from the examination every person except the clerk, the court reporter, the bailiff, the prosecutor, the investigating officer, the defendant and his or her counsel, an investigator for the defendant, and the officer having custody of the defendant. Notwithstanding any other provision of law, the defendant’s testimony at the hearing shall not be admissible in any other proceeding except the hearing brought on the motion pursuant to this section. If a transcript is made of the defendant’s testimony, it shall be sealed and transmitted to the clerk of the court in which the action is pending. (d) As used in this section, “serious felony” means any of the felonies listed in subdivision (c) of Section 1192.7 of the Penal Code or any violation of Section 11351, 11352, 11378, or 11379 of the Health and Safety Code. (e) If a statement to be admitted pursuant to this section includes hearsay statements made by anyone other than the declarant who is unavailable pursuant to subdivision (a), those hearsay statements are inadmissible unless they meet the requirements of an exception to the hearsay rule. (Amended by Stats. 2001, Ch. 854, Sec. 5. Effective January 1, 2002.)
  194. 1360.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings [1360- 1360.] ( Article 16 added by Stats. 1995, Ch. 87, Sec. 3. )

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    This section lets certain child-abuse or child-neglect statements by a victim under 12 be admitted despite the hearsay rule if reliability, notice, and other listed conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings [1360- 1360.] ( Article 16 added by Stats. 1995, Ch. 87, Sec. 3. ) ## 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 act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply: (1) The statement is not otherwise admissible by statute or court rule. (2) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (3) The child either: (A) Testifies at the proceedings. (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. (b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. (c) For purposes of this section, “child abuse” means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and “child neglect” means any of the acts described in Section 11165.2 of the Penal Code. (Added by Stats. 1995, Ch. 87, Sec. 3. Effective January 1, 1996.)
  195. 1370.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. )

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    This section allows certain hearsay statements about physical injury or threats against the declarant if specific conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. ) ## 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) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant. (2) The declarant is unavailable as a witness pursuant to Section 240. (3) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of statements made more than five years before the filing of the current action or proceeding shall be inadmissible under this section. (4) The statement was made under circumstances that would indicate its trustworthiness. (5) The statement was made in writing, was electronically recorded, or made to a physician, nurse, paramedic, or to a law enforcement official. (b) For purposes of paragraph (4) of subdivision (a), circumstances relevant to the issue of trustworthiness include, but are not limited to, the following: (1) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested. (2) Whether the declarant has a bias or motive for fabricating the statement, and the extent of any bias or motive. (3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section. (c) A statement is admissible pursuant to this section only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. (Amended by Stats. 2000, Ch. 1001, Sec. 2. Effective January 1, 2001.)
  196. 1380.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. )

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    This section creates a hearsay exception for certain statements in criminal proceedings involving Penal Code Section 368, but only if multiple trustworthiness, unavailability, recording, victim, and corroboration conditions are met.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. ) ## 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 declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness, as defined in subdivisions (a) and (b) of Section 240, and all of the following are true: (1) The party offering the statement has made a showing of particularized guarantees of trustworthiness regarding the statement, the statement was made under circumstances which indicate its trustworthiness, and the statement was not the result of promise, inducement, threat, or coercion. In making its determination, the court may consider only the circumstances that surround the making of the statement and that render the declarant particularly worthy of belief. (2) There is no evidence that the unavailability of the declarant was caused by, aided by, solicited by, or procured on behalf of, the party who is offering the statement. (3) The entire statement has been memorialized in a videotape recording made by a law enforcement official, prior to the death or disabling of the declarant. (4) The statement was made by the victim of the alleged violation. (5) The statement is supported by corroborative evidence. (6) The victim of the alleged violation is an individual who meets both of the following requirements: (A) Was 65 years of age or older or was a dependent adult when the alleged violation or attempted violation occurred. (B) At the time of any criminal proceeding, including, but not limited to, a preliminary hearing or trial, regarding the alleged violation or attempted violation, is either deceased or suffers from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired. (b) If the prosecution intends to offer a statement pursuant to this section, the prosecution shall serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement, unless the prosecution shows good cause for the failure to provide that notice. In the event that good cause is shown, the defendant shall be entitled to a reasonable continuance of the hearing or trial. (c) If the statement is offered during trial, the court’s determination as to the availability of the victim as a witness shall be made out of the presence of the jury. If the defendant elects to testify at the hearing on a motion brought pursuant to this section, the court shall exclude from the examination every person except the clerk, the court reporter, the bailiff, the prosecutor, the investigating officer, the defendant and his or her counsel, an investigator for the defendant, and the officer having custody of the defendant. Notwithstanding any other provision of law, the defendant’s testimony at the hearing shall not be admissible in any other proceeding except the hearing brought on the motion pursuant to this section. If a transcript is made of the defendant’s testimony, it shall be sealed and transmitted to the clerk of the court in which the action is pending. (Added by Stats. 1999, Ch. 383, Sec. 1. Effective January 1, 2000.)
  197. 1390.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. )

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    A statement may be admitted despite the hearsay rule if it is offered against a party who helped cause the declarant’s unavailability as a witness.

    ## Evidence Code - EVID ## DIVISION 10. HEARSAY EVIDENCE [1200 - 1390] ( Division 10 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 17. Physical Abuse [1370 - 1390] ( Article 17 added by Stats. 1996, Ch. 416, Sec. 2. ) ## 1390. (a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. (b) (1) The party seeking to introduce a statement pursuant to subdivision (a) shall establish, by a preponderance of the evidence, that the elements of subdivision (a) have been met at a foundational hearing. (2) The hearsay evidence that is the subject of the foundational hearing is admissible at the foundational hearing. However, a finding that the elements of subdivision (a) have been met shall not be based solely on the unconfronted hearsay statement of the unavailable declarant, and shall be supported by independent corroborative evidence. (3) The foundational hearing shall be conducted outside the presence of the jury. However, if the hearing is conducted after a jury trial has begun, the judge presiding at the hearing may consider evidence already presented to the jury in deciding whether the elements of subdivision (a) have been met. (4) In deciding whether or not to admit the statement, the judge may take into account whether it is trustworthy and reliable. (c) This section shall apply to any civil, criminal, or juvenile case or proceeding initiated or pending as of January 1, 2011. (Amended by Stats. 2015, Ch. 55, Sec. 1. (AB 593) Effective January 1, 2016.)
  198. 140.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. )

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    This section defines “evidence” as testimony, writings, material objects, or other things presented to the senses that are offered to prove a fact.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 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. (Enacted by Stats. 1965, Ch. 299.)
  199. 1400.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Authentication and Proof of Writings [1400 - 1454] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Requirement of Authentication [1400 - 1402] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A writing is authenticated by enough evidence to support a finding that it is the claimed writing, or by another lawful method.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Authentication and Proof of Writings [1400 - 1454] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Requirement of Authentication [1400 - 1402] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 evidence claims it is or (b) the establishment of such facts by any other means provided by law. (Enacted by Stats. 1965, Ch. 299.)
  200. 1401.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Authentication and Proof of Writings [1400 - 1454] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Requirement of Authentication [1400 - 1402] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A writing must be authenticated before it can be received in evidence, and secondary evidence of its content also requires authentication.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Authentication and Proof of Writings [1400 - 1454] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Requirement of Authentication [1400 - 1402] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 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 its content may be received in evidence. (Enacted by Stats. 1965, Ch. 299.)

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