Evidence Code — Part 2 | EVID — United States — California law | Esheria

Evidence Code

Part 2 of 3 · provisions 201–400

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

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United States — California
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EVID
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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. 1402.

    ## 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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    If a party offers an altered writing as genuine, that party must explain the alteration before the writing can be used in evidence.

    ## 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. ) ## 1402. The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the alteration or appearance thereof. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he does that, he may give the writing in evidence, but not otherwise. (Enacted by Stats. 1965, Ch. 299.)
  2. 1410.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    This section says the article does not restrict the ways a writing may be authenticated or proved.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1410. Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved. (Enacted by Stats. 1965, Ch. 299.)
  3. 1410.5.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    This section says graffiti counts as a “writing” for this chapter, and such writing or a photo of it may be admitted in a vandalism case to show the defendant made it.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1410.5. (a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a particular meaning. (b) Any writing described in subdivision (a), or any photograph thereof, may be admitted into evidence in an action for vandalism, for the purpose of proving that the writing was made by the defendant. (c) The admissibility of any fact offered to prove that the writing was made by the defendant shall, upon motion of the defendant, be ruled upon outside the presence of the jury, and is subject to the requirements of Sections 1416, 1417, and 1418. (Added by Stats. 1989, Ch. 660, Sec. 1.)
  4. 1411.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A subscribing witness’s testimony is generally not required to authenticate a writing, unless another statute provides otherwise.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1411. Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing. (Enacted by Stats. 1965, Ch. 299.)
  5. 1412.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    If a subscribing witness is required by statute to authenticate a writing, and that witness denies or does not remember the execution, the writing may be authenticated by other evidence.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1412. If the testimony of a subscribing witness is required by statute to authenticate a writing and the subscribing witness denies or does not recollect the execution of the writing, the writing may be authenticated by other evidence. (Enacted by Stats. 1965, Ch. 299.)
  6. 1413.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A person who saw a writing being made or executed may authenticate it, including a subscribing witness.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1413. A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness. (Enacted by Stats. 1965, Ch. 299.)
  7. 1414.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A writing may be authenticated if the opposing party has admitted it is authentic or has treated it as authentic.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1414. A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any time admitted its authenticity; or (b) The writing has been acted upon as authentic by the party against whom it is offered. (Enacted by Stats. 1965, Ch. 299.)
  8. 1415.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A writing may be authenticated using evidence that the maker’s handwriting is genuine.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1415. A writing may be authenticated by evidence of the genuineness of the handwriting of the maker. (Enacted by Stats. 1965, Ch. 299.)
  9. 1416.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A non-expert witness may give an opinion on whether a writing is in someone’s handwriting if the court finds the witness has personal knowledge of that handwriting.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1416. A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the court finds that he has personal knowledge of the handwriting of the supposed writer. Such personal knowlegde may be acquired from: (a) Having seen the supposed writer write; (b) Having seen a writing purporting to be in the handwriting of the supposed writer and upon which the supposed writer has acted or been charged; (c) Having received letters in the due course of mail purporting to be from the supposed writer in response to letters duly addressed and mailed by him to the supposed writer; or (d) Any other means of obtaining personal knowledge of the handwriting of the supposed writer. (Enacted by Stats. 1965, Ch. 299.)
  10. 1417.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Handwriting genuineness may be shown by comparison using handwriting the court accepts as genuine.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1417. The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court. (Enacted by Stats. 1965, Ch. 299.)
  11. 1418.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    An expert witness may prove whether a writing is genuine, or not, by comparing it with writing the court accepts as genuine or that is otherwise proven genuine.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1418. The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court. (Enacted by Stats. 1965, Ch. 299.)
  12. 1419.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    If the writing is more than 30 years old, comparison under Sections 1417 or 1418 may be made using a writing that appears genuine and is generally accepted as genuine by interested persons.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1419. Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing purporting to be genuine, and generally respected and acted upon as such, by persons having an interest in knowing whether it is genuine. (Enacted by Stats. 1965, Ch. 299.)
  13. 1420.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A writing may be authenticated if there is evidence it was received in response to a communication sent to the person claimed to be its author.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1420. A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of the evidence to be the author of the writing. (Enacted by Stats. 1965, Ch. 299.)
  14. 1421.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A writing may be authenticated with evidence that it contains matters unlikely to be known by anyone other than the claimed author.

    ## 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 2. Means of Authenticating and Proving Writings [1410 - 1421] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1421. A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is claimed by the proponent of the evidence to be the author of the writing. (Enacted by Stats. 1965, Ch. 299.)
  15. 145.

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

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    “The hearing” means the hearing for the question under this code, not an earlier or later hearing.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 145. “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing. (Enacted by Stats. 1965, Ch. 299.)
  16. 1450.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    This section says the article’s presumptions affect the burden of producing evidence.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 1450. The presumptions established by this article are presumptions affecting the burden of producing evidence. (Enacted by Stats. 1965, Ch. 299.)
  17. 1451.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A qualifying certificate for the acknowledgment or proof of a writing (other than a will) is prima facie evidence of the facts recited in it and of the genuineness of each signer’s signature.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 1451. A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of such a writing, is prima facie evidence of the facts recited in the certificate and the genuineness of the signature of each person by whom the writing purports to have been signed if the certificate meets the requirements of Article 3 (commencing with Section 1180) of Chapter 4, Title 4, Part 4, Division 2 of the Civil Code. (Enacted by Stats. 1965, Ch. 299.)
  18. 1452.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A seal is presumed genuine and its use authorized if it appears to be the seal of certain listed governments, public entities, courts, or notaries.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 1452. A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (a) The United States or a department, agency, or public employee of the United States. (b) A public entity in the United States or a department, agency, or public employee of such public entity. (c) A nation recognized by the executive power of the United States or a department, agency, or officer of such nation. (d) A public entity in a nation recognized by the executive power of the United States or a department, agency, or officer of such public entity. (e) A court of admiralty or maritime jurisdiction. (f) A notary public within any state of the United States. (Enacted by Stats. 1965, Ch. 299.)
  19. 1453.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A signature is presumed genuine and authorized when it appears to be the official signature of certain U.S. public employees or a notary public.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 1453. A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of: (a) A public employee of the United States. (b) A public employee of any public entity in the United States. (c) A notary public within any state of the United States. (Enacted by Stats. 1965, Ch. 299.)
  20. 1454.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A signature is presumed genuine and authorized when it meets the section’s stated conditions for a foreign official signature and accompanying certification.

    ## 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 3. Presumptions Affecting Acknowledged Writings and Official Writings [1450 - 1454] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 1454. A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of an officer, of a nation or public entity in a nation recognized by the executive power of the United States and the writing to which the signature is affixed is accompanied by a final statement certifying the genuineness of the signature and the official position of (a) the person who executed the writing or (b) any foreign official who has certified either the genuineness of the signature and official position of the person executing the writing or the genuineness of the signature and official position of another foreign official who has executed a similar cetificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the person executing the writing. The final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation, authenticated by the seal of his office. (Enacted by Stats. 1965, Ch. 299.)
  21. 150.

    ## 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 “hearsay evidence” is defined in Section 1200.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 150. “Hearsay evidence” is defined in Section 1200. (Enacted by Stats. 1965, Ch. 299.)
  22. 1520.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. )

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    The content of a writing may be proved by an otherwise admissible original.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. ) ## 1520. The content of a writing may be proved by an otherwise admissible original. (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
  23. 1521.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. )

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    Secondary evidence may be used to prove the content of a writing, but the court must exclude it in the listed unfairness or genuine-dispute situations.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. ) ## 1521. (a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. (2) Admission of the secondary evidence would be unfair. (b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing). (c) Nothing in this section excuses compliance with Section 1401 (authentication). (d) This section shall be known as the “Secondary Evidence Rule.” (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
  24. 1522.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. )

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    In a criminal action, the court must exclude secondary evidence of a writing’s content if the original is under the proponent’s control and was not reasonably made available for inspection before or at trial, subject to listed exceptions.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. ) ## 1522. (a) In addition to the grounds for exclusion authorized by Section 1521, in a criminal action the court shall exclude secondary evidence of the content of a writing if the court determines that the original is in the proponent’s possession, custody, or control, and the proponent has not made the original reasonably available for inspection at or before trial. This section does not apply to any of the following: (1) A duplicate as defined in Section 260. (2) A writing that is not closely related to the controlling issues in the action. (3) A copy of a writing in the custody of a public entity. (4) A copy of a writing that is recorded in the public records, if the record or a certified copy of it is made evidence of the writing by statute. (b) In a criminal action, a request to exclude secondary evidence of the content of a writing, under this section or any other law, shall not be made in the presence of the jury. (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
  25. 1523.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. )

    Verify source ↗

    Oral testimony generally cannot be used to prove the content of a writing, unless a stated exception applies.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Proof of the Content of a Writing [1520 - 1523] ( Article 1 repealed and added by Stats. 1998, Ch. 100, Sec. 2. ) ## 1523. (a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing. (b) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writing and the original is lost or has been destroyed without fraudulent intent on the part of the proponent of the evidence. (c) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of the original or a copy of the writing and either of the following conditions is satisfied: (1) Neither the writing nor a copy of the writing was reasonably procurable by the proponent by use of the court’s process or by other available means. (2) The writing is not closely related to the controlling issues and it would be inexpedient to require its production. (d) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the writing consists of numerous accounts or other writings that cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole. (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
  26. 1530.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A purported copy of a writing kept by a public entity can serve as prima facie evidence of the writing’s existence and content if it is properly published or attested/certified under the section’s conditions.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1530. (a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and content of such writing or entry if: (1) The copy purports to be published by the authority of the nation or state, or public entity therein in which the writing is kept; (2) The office in which the writing is kept is within the United States or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, and the copy is attested or certified as a correct copy of the writing or entry by a public employee, or a deputy of a public employee, having the legal custody of the writing; or (3) The office in which the writing is kept is not within the United States or any other place described in paragraph (2) and the copy is attested as a correct copy of the writing or entry by a person having authority to make attestation. The attestation must be accompanied by a final statement certifying the genuineness of the signature and the official position of (i) the person who attested the copy as a correct copy or (ii) any foreign official who has certified either the genuineness of the signature and official position of the person attesting the copy or the genuineness of the signature and official position of another foreign official who has executed a similar certificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the person attesting the copy. Except as provided in the next sentence, the final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. Prior to January 1, 1971, the final statement may also be made by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation in which the writing is kept, authenticated by the seal of his office. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (i) admit an attested copy without the final statement or (ii) permit the writing or entry in foreign custody to be evidenced by an attested summary with or without a final statement. (b) The presumptions established by this section are presumptions affecting the burden of producing evidence. (Amended by Stats. 1970, Ch. 41.)
  27. 1531.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If a copy of a writing is attested or certified, the attestation or certificate must say that the copy is a correct copy of the original, or of a specified part of it.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1531. For the purpose of evidence, whenever a copy of a writing is attested or certified, the attestation or certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. (Enacted by Stats. 1965, Ch. 299.)
  28. 1532.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    An official record of a writing can serve as prima facie evidence of the original writing’s existence and content if the record is from a public entity’s office and the writing was authorized by statute to be recorded there.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Official Writings and Recorded Writings [1530 - 1532] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 1532. (a) The official record of a writing is prima facie evidence of the existence and content of the original recorded writing if: (1) The record is in fact a record of an office of a public entity; and (2) A statute authorized such a writing to be recorded in that office. (b) The presumption established by this section is a presumption affecting the burden of producing evidence. (Enacted by Stats. 1965, Ch. 299.)
  29. 1550.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. )

    Verify source ↗

    Certain business-record copies and photographic reproductions of a writing can be admitted as evidence instead of the original writing.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. ) ## 1550. (a) If made and preserved as a part of the records of a business, as defined in Section 1270, in the regular course of that business, the following types of evidence of a writing are as admissible as the writing itself: (1) A nonerasable optical image reproduction or any other reproduction of a public record by a trusted system, as defined in Section 12168.7 of the Government Code, if additions, deletions, or changes to the original document are not permitted by the technology. (2) A photostatic copy or reproduction. (3) A microfilm, microcard, or miniature photographic copy, reprint, or enlargement. (4) Any other photographic copy or reproduction, or an enlargement thereof. (b) The introduction of evidence of a writing pursuant to subdivision (a) does not preclude admission of the original writing if it is still in existence. A court may require the introduction of a hard copy printout of the document. (Amended by Stats. 2002, Ch. 124, Sec. 1. Effective January 1, 2003. Became operative on July 9, 2012, pursuant to Stats. 2002, Ch. 124, Sec. 2.)
  30. 1550.1.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. )

    Verify source ↗

    Reproductions meeting the listed Penal Code microphotography/reproduction requirements are admissible like the original records or writings.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. ) ## 1550.1. Reproductions of files, records, writings, photographs, fingerprints or other instruments in the official custody of a criminal justice agency that were microphotographed or otherwise reproduced in a manner that conforms with the provisions of Section 11106.1, 11106.2, or 11106.3 of the Penal Code shall be admissible to the same extent and under the same circumstances as the original file, record, writing or other instrument would be admissible. (Added by Stats. 2004, Ch. 65, Sec. 1. Effective January 1, 2005.)
  31. 1551.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. )

    Verify source ↗

    A qualifying print or electronic reproduction is admissible as the original writing if the required certification was attached or incorporated when the film or recording was taken.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. ) ## 1551. A print, whether enlarged or not, from a photographic film (including a photographic plate, microphotographic film, photostatic negative, or similar reproduction) of an original writing destroyed or lost after such film was taken or a reproduction from an electronic recording of video images on magnetic surfaces is admissible as the original writing itself if, at the time of the taking of such film or electronic recording, the person under whose direction and control it was taken attached thereto, or to the sealed container in which it was placed and has been kept, or incorporated in the film or electronic recording, a certification complying with the provisions of Section 1531 and stating the date on which, and the fact that, it was so taken under his direction and control. (Amended by Stats. 1969, Ch. 646.)
  32. 1552.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. )

    Verify source ↗

    A printed representation of computer information or a computer program is presumed accurate, but if its accuracy or reliability is challenged, the party offering it must prove accuracy by a preponderance of evidence.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. ) ## 1552. (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or computer program that it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of computer information or computer program is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the computer information or computer program that it purports to represent. (b) Subdivision (a) applies to the printed representation of computer-generated information stored by an automated traffic enforcement system. (c) Subdivision (a) shall not apply to computer-generated official records certified in accordance with Section 452.5 or 1530. (Amended by Stats. 2012, Ch. 735, Sec. 1. (SB 1303) Effective January 1, 2013.)
  33. 1553.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. )

    Verify source ↗

    A printed representation of images from a video or digital medium is presumed accurate, but if challenged as inaccurate or unreliable, the party offering it must prove its accuracy by a preponderance of the evidence.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Photographic Copies and Printed Representations of Writings [1550 - 1553] ( Heading of Article 3 amended by Stats. 1998, Ch. 100, Sec. 3. ) ## 1553. (a) A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of images stored on a video or digital medium is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the images that it purports to represent. (b) Subdivision (a) applies to the printed representation of video or photographic images stored by an automated traffic enforcement system. (Amended by Stats. 2012, Ch. 735, Sec. 2. (SB 1303) Effective January 1, 2013.)
  34. 1560.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

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    This section lets a business respond to certain subpoenas or a qualifying search warrant by sending true, legible, durable copies of records, but it also sets sealing, delivery, inspection, and timing rules.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1560. (a) As used in this article: (1) “Business” includes every kind of business described in Section 1270. (2) “Record” includes every kind of record maintained by a business. (b) Except as provided in Section 1564, when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in an action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods: (1) In any criminal action, five days after the receipt of the subpoena. (2) In any civil action, within 15 days after the receipt of the subpoena. (3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness. (c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness, and date of subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows: (1) If the subpoena directs attendance in court, to the clerk of the court. (2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer’s place of business. (3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. (d) Unless the parties to the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. Records that are original documents and that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received. Records that are copies may be destroyed. (e) As an alternative to the procedures described in subdivisions (b), (c), and (d), the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party’s attorney, the attorney’s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness’ business address under reasonable conditions during normal business hours. Normal business hours, as used in this subdivision, means those hours that the business of the witness is normally open for business to the public. When provided with at least five business days’ advance notice by the party’s attorney, attorney’s representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party’s attorney, attorney’s representative, or deposition officer. It shall be the responsibility of the attorney’s representative to deliver any copy of the records as directed in the subpoena. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section 2020.240 of the Code of Civil Procedure. (f) If a search warrant for business records is served upon the custodian of records or other qualified witness of a business in compliance with Section 1524 of the Penal Code regarding a criminal investigation in which the business is neither a party nor the place where any crime is alleged to have occurred, and the search warrant provides that the warrant will be deemed executed if the business causes the delivery of records described in the warrant to the law enforcement agency ordered to execute the warrant, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, together with the affidavit described in Section 1561, within five days after the receipt of the search warrant or within such other time as is set forth in the warrant. This subdivision does not abridge or limit the scope of search warrant procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code or invalidate otherwise duly executed search warrants. (Amended by Stats. 2016, Ch. 85, Sec. 1. (SB 1087) Effective January 1, 2017.)
  35. 1561.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    Business records must be accompanied by the required affidavit, and in some cases the custodian, witness, or attorney must make additional truth statements.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1561. (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. (2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be. (3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event. (4) The identity of the records. (5) A description of the mode of preparation of the records. (b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560. (c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian’s or witness’ place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying. (Amended by Stats. 2016, Ch. 85, Sec. 2. (SB 1087) Effective January 1, 2017.)
  36. 1562.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    A copy of business records is admissible if the original records would be admissible through a custodian or other qualified witness and Section 1271’s requirements are met.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1562. If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, and if the requirements of Section 1271 have been met, the copy of the records is admissible in evidence. The affidavit is admissible as evidence of the matters stated therein pursuant to Section 1561 and the matters so stated are presumed true. When more than one person has knowledge of the facts, more than one affidavit may be made. The presumption established by this section is a presumption affecting the burden of producing evidence. (Amended by Stats. 1996, Ch. 146, Sec. 2. Effective January 1, 1997.)
  37. 1563.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    This section limits what a witness may be charged for producing business records and sets procedures for paying, disputing, and recovering those costs.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1563. (a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness’ business, unless there is an agreement to the contrary between the witness and the requesting party. (b) All reasonable costs incurred in a civil proceeding by a witness who is not a party with respect to the production of all or any part of business records requested pursuant to a subpoena duces tecum shall be charged against the party serving the subpoena duces tecum. (1) “Reasonable costs,” as used in this section, includes, but is not 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 a subpoena; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof; actual postage charges; and the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person. (2) The requesting party, or the requesting party’s deposition officer, shall not be required to pay the reasonable costs or any estimate thereof before the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until payment is made, the witness is under no obligation to deliver the records. (3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party’s deposition officer, setting forth the reproduction and clerical costs incurred by the witness. If the costs exceed those authorized in paragraph (1), or if the witness refuses to produce an itemized statement of costs as required by paragraph (3), upon demand by the requesting party, or the requesting party’s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. (4) The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness, or to reduce all or a part of the costs charged by the witness, pursuant to this subdivision, on the grounds that those costs were excessive. Upon the filing of the petition the court shall issue an order to show cause and from the time the order is served on the witness the court has jurisdiction over the witness. The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. If the court finds the costs were excessive and charged in bad faith by the witness, the court shall order the witness to remit the full amount of the costs demanded and collected, or excuse the requesting party from any payment of costs charged but not collected, and the court shall also order the witness to pay the requesting party the amount of the reasonable expenses incurred in obtaining the order, including attorney’s fees. If the court finds the costs were not excessive, the court shall order the requesting party to pay the witness the amount of the reasonable expenses incurred in defending the petition, including attorney’s fees. (5) If a subpoena is served to compel the production of business records and is subsequently withdrawn, or is quashed, modified, or limited on a motion made other than by the witness, the witness shall be entitled to reimbursement pursuant to paragraph (1) for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or quashed, modified, or limited. If the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney’s fees in the manner set forth in paragraph (4). (6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person. If the records are retrieved from microfilm, the reasonable costs, as defined in paragraph (1), applies. (c) If the personal attendance of the custodian of a record or other qualified witness is required pursuant to Section 1564, in a civil proceeding, he or she shall be entitled to the same witness fees and mileage permitted in a case where the subpoena requires the witness to attend and testify before a court in which the action or proceeding is pending and to any additional costs incurred as provided by subdivision (b). (Amended by Stats. 2016, Ch. 85, Sec. 3. (SB 1087) Effective January 1, 2017.)
  38. 1564.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    A subpoena duces tecum does not require the custodian’s or other qualified witness’s personal attendance, or the original records, unless the subpoena includes specified wording chosen by the requesting party.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1564. The personal attendance of the custodian or other qualified witness and the production of the original records is not required unless, at the discretion of the requesting party, the subpoena duces tecum contains a clause which reads: “The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized pursuant to subdivision (b) of Section 1560, and Sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpoena.” (Amended by Stats. 1987, Ch. 19, Sec. 4. Effective May 12, 1987.)
  39. 1565.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    If multiple subpoenas duces tecum are served on a custodian of records or other qualified witness, and that witness’s personal attendance is required under Section 1564, the witness is treated as the witness of the party who served the first subpoena.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1565. If more than one subpoena duces tecum is served upon the custodian of records or other qualified witness and the personal attendance of the custodian or other qualified witness is required pursuant to Section 1564, the witness shall be deemed to be the witness of the party serving the first such subpoena duces tecum. (Amended by Stats. 1969, Ch. 199.)
  40. 1566.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    This article applies in any proceeding where testimony can be compelled.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1566. This article applies in any proceeding in which testimony can be compelled. (Enacted by Stats. 1965, Ch. 299.)
  41. 1567.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. )

    Verify source ↗

    A completed employer income-and-benefit form may be admissible in a support-modification or termination proceeding if it meets specified compliance and service requirements.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Secondary Evidence of Writings [1520 - 1567] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Production of Business Records [1560 - 1567] ( Heading of Article 4 amended by Stats. 1969, Ch. 199. ) ## 1567. A completed form described in Section 3664 of the Family Code for income and benefit information provided by the employer may be admissible in a proceeding for modification or termination of an order for child, family, or spousal support if both of the following requirements are met: (a) The completed form complies with Sections 1561 and 1562. (b) A copy of the completed form and notice was served on the employee named therein pursuant to Section 3664 of the Family Code. (Added by Stats. 1995, Ch. 506, Sec. 1. Effective January 1, 1996.)
  42. 160.

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

    Verify source ↗

    This section defines “law” to include constitutional, statutory, and decisional law.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 160. “Law” includes constitutional, statutory, and decisional law. (Enacted by Stats. 1965, Ch. 299.)
  43. 1600.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A recorded instrument or similar document can serve as prima facie evidence of the original document’s existence, content, execution, and delivery if it is a public-entity office record and a statute authorized recording there.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 1600. (a) The record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence and content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed if: (1) The record is in fact a record of an office of a public entity; and (2) A statute authorized such a document to be recorded in that office. (b) The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 1967, Ch. 650.)
  44. 1601.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section allows certain records and abstracts to be used in evidence after a writing is lost or destroyed by a conflagration or other public calamity, and it requires notice and inspection if a party wants to use that evidence.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 1601. (a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of the official record of any writing lost or destroyed by conflagration or other public calamity, after proof of such loss or destruction, the following may, without further proof, be admitted in evidence to prove the contents of such record: (1) Any abstract of title made and issued and certified as correct prior to such loss or destruction, and purporting to have been prepared and made in the ordinary course of business by any person engaged in the business of preparing and making abstracts of title prior to such loss or destruction; or (2) Any abstract of title, or of any instrument affecting title, made, issued, and certified as correct by any person engaged in the business of insuring titles or issuing abstracts of title to real estate, whether the same was made, issued, or certified before or after such loss or destruction and whether the same was made from the original records or from abstract and notes, or either, taken from such records in the preparation and upkeeping of its plant in the ordinary course of its business. (b) No proof of the loss of the original writing is required other than the fact that the original is not known to the party desiring to prove its contents to be in existence. (c) Any party desiring to use evidence admissible under this section shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his intention to use such evidence at the trial of the action, and shall give all such other parties a reasonable opportunity to inspect the evidence, and also the abstracts, memoranda, or notes from which it was compiled, and to take copies thereof. (Enacted by Stats. 1965, Ch. 299.)
  45. 1603.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A recorded deed of conveyance meeting the listed conditions is prima facie evidence that the described property or interest was conveyed to the named grantee.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 1603. A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of this state, acknowledged and recorded in the office of the recorder of the county wherein the real property therein described is situated, or the record of such deed, or a certified copy of such record, is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in such deed. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 1967, Ch. 650.)
  46. 1604.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A land purchase or location certificate is prima facie evidence that the holder or assignee owns the land described in it, unless that evidence is rebutted by proof of adverse possession or mining use.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 1604. A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes. (Enacted by Stats. 1965, Ch. 299.)
  47. 1605.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Certain duplicate copies and authenticated translations of specified Spanish title papers may be used as evidence just like the originals.

    ## Evidence Code - EVID ## DIVISION 11. WRITINGS [1400 - 1605] ( Division 11 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Official Writings Affecting Property [1600 - 1605] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 1605. Duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Mexican governments, prepared under the supervision of the Keeper of Archives, authenticated by the Surveyor-General or his successor and by the Keeper of Archives, and filed with a county recorder, in accordance with Chapter 281 of the Statutes of 1865–66, are admissible as evidence with like force and effect as the originals and without proving the execution of such originals. (Amended by Stats. 1967, Ch. 650.)
  48. 165.

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

    Verify source ↗

    “Oath” includes an affirmation or declaration made under penalty of perjury.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 165. “Oath” includes affirmation or declaration under penalty of perjury. (Enacted by Stats. 1965, Ch. 299.)
  49. 170.

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

    Verify source ↗

    “Perceive” means to acquire knowledge through the senses.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 170. “Perceive” means to acquire knowledge through one’s senses. (Enacted by Stats. 1965, Ch. 299.)
  50. 175.

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

    Verify source ↗

    “Person” includes a natural person and several business or organizational forms, including corporations and public entities.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 175. “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 103. Effective January 1, 1995.)
  51. 177.

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

    Verify source ↗

    “Dependent person” means a person with a qualifying physical or mental impairment, including certain age-related loss of abilities, and also includes a person admitted as an inpatient to a 24-hour health facility.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 177. “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 70, Sec. 1. (AB 1934) Effective January 1, 2019.)
  52. 180.

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

    Verify source ↗

    “Personal property” includes money, goods, chattels, things in action, and evidences of debt.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 180. “Personal property” includes money, goods, chattels, things in action, and evidences of debt. (Enacted by Stats. 1965, Ch. 299.)
  53. 185.

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

    Verify source ↗

    This section defines “property” to include both real property and personal property.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 185. “Property” includes both real and personal property. (Enacted by Stats. 1965, Ch. 299.)
  54. 190.

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

    Verify source ↗

    This section defines “proof” as the level of belief in a fact established by evidence for the trier of fact or the court.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 190. “Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. (Enacted by Stats. 1965, Ch. 299.)
  55. 195.

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

    Verify source ↗

    “Public employee” means an officer, agent, or employee of a public entity.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 195. “Public employee” means an officer, agent, or employee of a public entity. (Enacted by Stats. 1965, Ch. 299.)
  56. 2.

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

    Verify source ↗

    This code says it should be read liberally, and the usual common-law rule of strict construction for statutes in derogation of the common law does not apply.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 2. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to effecting its objects and promoting justice. (Enacted by Stats. 1965, Ch. 299.)
  57. 200.

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

    Verify source ↗

    “Public entity” is defined to include various public bodies and political subdivisions, whether foreign or domestic.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 200. “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. (Enacted by Stats. 1965, Ch. 299.)
  58. 205.

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

    Verify source ↗

    “Real property” includes lands, tenements, and hereditaments.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 205. “Real property” includes lands, tenements, and hereditaments. (Enacted by Stats. 1965, Ch. 299.)
  59. 210.

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

    Verify source ↗

    This section defines “relevant evidence” as evidence that tends in reason to prove or disprove a disputed fact that matters to deciding the case.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 210. “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Enacted by Stats. 1965, Ch. 299.)
  60. 215.

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

    Verify source ↗

    “Spouse” includes a registered domestic partner.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 215. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 32. (SB 1005) Effective January 1, 2017.)
  61. 220.

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

    Verify source ↗

    “State” means California, and in a U.S.-parts context it also includes any state, district, commonwealth, territory, or insular possession of the United States.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 220. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes any state, district, commonwealth, territory, or insular possession of the United States. (Enacted by Stats. 1965, Ch. 299.)
  62. 225.

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

    Verify source ↗

    This section defines “Statement” to include spoken or written verbal expressions and certain nonverbal conduct used as a substitute for verbal expression.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 225. “Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. (Enacted by Stats. 1965, Ch. 299.)
  63. 230.

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

    Verify source ↗

    This section defines “statute” to include a treaty and a constitutional provision.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 230. “Statute” includes a treaty and a constitutional provision. (Enacted by Stats. 1965, Ch. 299.)
  64. 235.

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

    Verify source ↗

    This section defines “trier of fact” to include the jury and, in some cases, the court.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 235. “Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. (Enacted by Stats. 1965, Ch. 299.)
  65. 240.

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

    Verify source ↗

    This section defines when a declarant is “unavailable as a witness,” and defines “expert” for this section.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 240. (a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following: (1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant. (2) Disqualified from testifying to the matter. (3) Dead or unable to attend or to testify at the hearing because of then-existing physical or mental illness or infirmity. (4) Absent from the hearing and the court is unable to compel his or her attendance by its process. (5) Absent from the hearing and the proponent of his or her statement has exercised reasonable diligence but has been unable to procure his or her attendance by the court’s process. (6) Persistent in refusing to testify concerning the subject matter of the declarant’s statement despite having been found in contempt for refusal to testify. (b) A declarant is not unavailable as a witness if the exemption, preclusion, disqualification, death, inability, or absence of the declarant was brought about by the procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the declarant from attending or testifying. (c) Expert testimony that establishes that physical or mental trauma resulting from an alleged crime has caused harm to a witness of sufficient severity that the witness is physically unable to testify or is unable to testify without suffering substantial trauma may constitute a sufficient showing of unavailability pursuant to paragraph (3) of subdivision (a). As used in this section, the term “expert” means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. The introduction of evidence to establish the unavailability of a witness under this subdivision shall not be deemed procurement of unavailability, in absence of proof to the contrary. (Amended by Stats. 2010, Ch. 537, Sec. 1. (AB 1723) Effective January 1, 2011.)
  66. 250.

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

    Verify source ↗

    “Writing” includes many forms of recording communication, including handwriting, printing, photocopying, email, and fax.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 250. “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Amended by Stats. 2002, Ch. 945, Sec. 1. Effective January 1, 2003.)
  67. 255.

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

    Verify source ↗

    This section defines “original” to include the writing itself, intended counterparts, certain photographic negatives or prints, and accurate readable outputs from computer-stored data.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 255. “Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.” (Added by Stats. 1977, Ch. 708.)
  68. 260.

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

    Verify source ↗

    This section defines “duplicate” as a copy made by the same impression, matrix, photography, mechanical or electronic rerecording, chemical reproduction, or another equivalent accurate technique.

    ## Evidence Code - EVID ## DIVISION 2. WORDS AND PHRASES DEFINED [100 - 260] ( Division 2 enacted by Stats. 1965, Ch. 299. ) ## 260. A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. (Added by Stats. 1977, Ch. 708.)
  69. 3.

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

    Verify source ↗

    If part of the code is invalid, the rest still applies when it can work without the invalid part; the code is severable.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 3. If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable. (Enacted by Stats. 1965, Ch. 299.)
  70. 300.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Applicability of Code [300- 300.] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This code applies to actions before the Supreme Court, court of appeal, or superior court, including related proceedings before a referee, court commissioner, or similar officer, except grand jury proceedings.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Applicability of Code [300- 300.] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 300. Except as otherwise provided by statute, this code applies in every action before the Supreme Court or a court of appeal or superior court, including proceedings in such actions conducted by a referee, court commissioner, or similar officer, but does not apply in grand jury proceedings. (Amended by Stats. 2002, Ch. 784, Sec. 101. Effective January 1, 2003.)
  71. 310.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    The court must decide all questions of law, including evidence-related legal questions, and also decides preliminary factual issues before evidence is admitted.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 310. (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court. Determination of issues of fact preliminary to the admission of evidence are to be decided by the court as provided in Article 2 (commencing with Section 400) of Chapter 4. (b) Determination of the law of an organization of nations or of the law of a foreign nation or a public entity in a foreign nation is a question of law to be determined in the manner provided in Division 4 (commencing with Section 450). (Enacted by Stats. 1965, Ch. 299.)
  72. 311.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    When applicable foreign law cannot be determined, the court may apply California law, dismiss the action without prejudice, or—if it is a reviewing court—remand for dismissal.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 311. If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either: (a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or (b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice. (Enacted by Stats. 1965, Ch. 299.)
  73. 312.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In a jury trial, the jury decides the facts and evaluates the evidence, including witness credibility and hearsay declarants, unless another law provides otherwise.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Province of Court and Jury [310 - 312] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 312. Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury. (b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants. (Enacted by Stats. 1965, Ch. 299.)
  74. 320.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Order of Proof [320- 320.] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The court may regulate the order of proof in its discretion, unless another law provides otherwise.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Order of Proof [320- 320.] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 320. Except as otherwise provided by law, the court in its discretion shall regulate the order of proof. (Enacted by Stats. 1965, Ch. 299.)
  75. 350.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Only relevant evidence is admissible.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 350. No evidence is admissible except relevant evidence. (Enacted by Stats. 1965, Ch. 299.)
  76. 351.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Relevant evidence is admissible unless another statute provides otherwise.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 351. Except as otherwise provided by statute, all relevant evidence is admissible. (Enacted by Stats. 1965, Ch. 299.)
  77. 351.1.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Polygraph results and related references generally cannot be admitted into evidence in criminal and juvenile criminal proceedings unless all parties agree.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. (Added by Stats. 1983, Ch. 202, Sec. 1. Effective July 12, 1983.)
  78. 351.2.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In civil actions for personal injury or wrongful death, immigration-status evidence cannot be admitted and discovery about immigration status is not allowed.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 351.2. (a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted. (b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (Added by Stats. 2016, Ch. 132, Sec. 1. (AB 2159) Effective January 1, 2017.)
  79. 351.3.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In a covered civil action, immigration-status evidence cannot be disclosed in open court unless a judge first finds it admissible in an in camera hearing.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 351.3. (a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status. (b) This section does not do any of the following: (1) Apply to cases in which a person’s immigration status is necessary to prove an element of a claim or an affirmative defense. (2) Impact otherwise applicable laws governing the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court. (Added by Stats. 2022, Ch. 168, Sec. 1. (SB 836) Effective August 22, 2022.)
  80. 351.4.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In a criminal action, a party or attorney may not disclose a person’s immigration status in open court unless the judge first finds the evidence admissible in an in camera hearing.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 351.4. (a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status. (b) This section does not do any of the following: (1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense. (2) Limit discovery in a criminal action. (3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court. (Added by Stats. 2022, Ch. 168, Sec. 2. (SB 836) Effective August 22, 2022.)
  81. 352.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The court may exclude evidence if its probative value is substantially outweighed by delay, prejudice, confusion, or misleading the jury.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 352. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. (Enacted by Stats. 1965, Ch. 299.)
  82. 352.1.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    In certain criminal cases, the district attorney may ask to keep a victim’s current address and phone number out of evidence, and the court may order exclusion if disclosure would create substantial danger to the victim.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 352.1. In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of, the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 287 of, or former Section 288a of, the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information. (Amended by Stats. 2018, Ch. 423, Sec. 18. (SB 1494) Effective January 1, 2019.)
  83. 352.2.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    In criminal cases, if a party wants to introduce creative expression as evidence, the court must consider specified factors about probative value, undue prejudice, and racial bias, and decide admissibility outside the jury’s presence.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 352.2. (a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that evidence against the substantial danger of undue prejudice under Section 352, shall consider, in addition to the factors listed in Section 352, that: (1) the probative value of such expression for its literal truth or as a truthful narrative is minimal unless that expression is created near in time to the charged crime or crimes, bears a sufficient level of similarity to the charged crime or crimes, or includes factual detail not otherwise publicly available; and (2) undue prejudice includes, but is not limited to, the possibility that the trier of fact will, in violation of Section 1101, treat the expression as evidence of the defendant’s propensity for violence or general criminal disposition as well as the possibility that the evidence will explicitly or implicitly inject racial bias into the proceedings. (b) If proffered and relevant to the issues in the case, the court shall consider the following as well as any additional relevant evidence offered by either party: (1) Credible testimony on the genre of creative expression as to the social or cultural context, rules, conventions, and artistic techniques of the expression. (2) Experimental or social science research demonstrating that the introduction of a particular type of expression explicitly or implicitly introduces racial bias into the proceedings. (3) Evidence to rebut such research or testimony. (c) For purposes of this section, “creative expression” means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media. (d) The question of the admissibility of a form of creative expression shall be heard in limine and determined by the court, outside the presence and hearing of the jury, pursuant to Section 402. The court shall state on the record its ruling and its reasons therefor. (Added by Stats. 2022, Ch. 973, Sec. 2. (AB 2799) Effective January 1, 2023.)
  84. 353.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A verdict, finding, judgment, or decision generally cannot be set aside or reversed just because evidence was wrongly admitted, unless specific objection requirements and a miscarriage-of-justice finding are met.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 353. A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and (b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice. (Enacted by Stats. 1965, Ch. 299.)
  85. 354.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A court generally may not set aside a verdict or reverse a judgment because evidence was wrongly excluded unless the error caused a miscarriage of justice and the record shows one of the stated grounds.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 354. A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that: (a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means; (b) The rulings of the court made compliance with subdivision (a) futile; or (c) The evidence was sought by questions asked during cross-examination or recross-examination. (Enacted by Stats. 1965, Ch. 299.)
  86. 355.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If evidence is admissible for one party or purpose but not another, the court must limit it to the proper scope and instruct the jury when asked.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 355. When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall restrict the evidence to its proper scope and instruct the jury accordingly. (Enacted by Stats. 1965, Ch. 299.)
  87. 356.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If one side introduces part of an act, statement, conversation, or writing, the other side may ask about the whole subject. A letter’s answer may also be introduced, and extra related material may be used if needed to make a detached item understandable.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General Provisions [350 - 356] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 356. Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence. (Enacted by Stats. 1965, Ch. 299.)
  88. 4.

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

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    These preliminary provisions and rules of construction govern how this code is interpreted unless the provision or context requires otherwise.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 4. Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code. (Enacted by Stats. 1965, Ch. 299.)
  89. 400.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “preliminary fact” as a fact that determines whether evidence is admissible or inadmissible.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 400. As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. The phrase “the admissibility or inadmissibility of evidence” includes the qualification or disqualification of a person to be a witness and the existence or nonexistence of a privilege. (Enacted by Stats. 1965, Ch. 299.)
  90. 401.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “proffered evidence” as evidence whose admissibility depends on whether a preliminary fact exists.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 401. As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. (Enacted by Stats. 1965, Ch. 299.)
  91. 402.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section lets the court decide evidence-admissibility questions outside the jury’s presence, and requires that defendant confessions or admissions be heard that way in criminal cases if requested.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article. (b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests. (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute. (Enacted by Stats. 1965, Ch. 299.)
  92. 403.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    The proponent must produce evidence of a preliminary fact before certain evidence is admissible; the court may conditionally admit the evidence and may or must instruct the jury in specified circumstances.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 403. (a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered evidence is inadmissible unless the court finds that there is evidence sufficient to sustain a finding of the existence of the preliminary fact, when: (1) The relevance of the proffered evidence depends on the existence of the preliminary fact; (2) The preliminary fact is the personal knowledge of a witness concerning the subject matter of his testimony; (3) The preliminary fact is the authenticity of a writing; or (4) The proffered evidence is of a statement or other conduct of a particular person and the preliminary fact is whether that person made the statement or so conducted himself. (b) Subject to Section 702, the court may admit conditionally the proffered evidence under this section, subject to evidence of the preliminary fact being supplied later in the course of the trial. (c) If the court admits the proffered evidence under this section, the court: (1) May, and on request shall, instruct the jury to determine whether the preliminary fact exists and to disregard the proffered evidence unless the jury finds that the preliminary fact does exist. (2) Shall instruct the jury to disregard the proffered evidence if the court subsequently determines that a jury could not reasonably find that the preliminary fact exists. (Enacted by Stats. 1965, Ch. 299.)
  93. 404.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    If evidence is claimed to be privileged under Section 940, the claimant must show it might incriminate them; otherwise the evidence is inadmissible unless the court clearly finds it cannot possibly incriminate the claimant.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 404. Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege. (Enacted by Stats. 1965, Ch. 299.)
  94. 405.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    When a disputed preliminary fact is at issue, the court must assign the burden of production and proof, decide whether the fact exists, and admit or exclude the evidence accordingly.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 405. With respect to preliminary fact determinations not governed by Section 403 or 404: (a) When the existence of a preliminary fact is disputed, the court shall indicate which party has the burden of producing evidence and the burden of proof on the issue as implied by the rule of law under which the question arises. The court shall determine the existence or nonexistence of the preliminary fact and shall admit or exclude the proffered evidence as required by the rule of law under which the question arises. (b) If a preliminary fact is also a fact in issue in the action: (1) The jury shall not be informed of the court’s determination as to the existence or nonexistence of the preliminary fact. (2) If the proffered evidence is admitted, the jury shall not be instructed to disregard the evidence if its determination of the fact differs from the court’s determination of the preliminary fact. (Enacted by Stats. 1965, Ch. 299.)
  95. 406.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    This section preserves a party’s right to introduce evidence relevant to weight or credibility before the trier of fact.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Admitting and Excluding Evidence [350 - 406] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Preliminary Determinations on Admissibility of Evidence [400 - 406] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 406. This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility. (Enacted by Stats. 1965, Ch. 299.)
  96. 410.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. )

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    This section defines “direct evidence” as evidence that proves a fact directly, without inference or presumption, and that alone would conclusively establish the fact if true.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## 410. As used in this chapter, “direct evidence” means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. (Enacted by Stats. 1965, Ch. 299.)
  97. 411.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. )

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    A single witness’s direct testimony is enough to prove a fact if the witness is entitled to full credit, unless another statute requires more evidence.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## 411. Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact. (Enacted by Stats. 1965, Ch. 299.)
  98. 412.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. )

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    If a party offers weaker evidence even though it could produce stronger evidence, that evidence should be viewed with distrust.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## 412. If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust. (Enacted by Stats. 1965, Ch. 299.)
  99. 413.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. )

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    The trier of fact may consider a party’s failure to explain or deny evidence, or willful suppression of evidence, when deciding what inferences to draw.

    ## Evidence Code - EVID ## DIVISION 3. GENERAL PROVISIONS [300 - 413] ( Division 3 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Weight of Evidence Generally [410 - 413] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## 413. In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party’s failure to explain or to deny by his testimony such evidence or facts in the case against him, or his willful suppression of evidence relating thereto, if such be the case. (Enacted by Stats. 1965, Ch. 299.)
  100. 450.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    Judicial notice may not be taken of any matter unless authorized or required by law.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 450. Judicial notice may not be taken of any matter unless authorized or required by law. (Enacted by Stats. 1965, Ch. 299.)
  101. 451.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    This section says courts must take judicial notice of the listed laws, rules, and universally known facts.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 451. Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution. (b) Any matter made a subject of judicial notice by Section 11343.6, 11344.6, or 18576 of the Government Code or by Section 1507 of Title 44 of the United States Code. (c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions Code and rules of practice and procedure for the courts of this state adopted by the Judicial Council. (d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy. (e) The true signification of all English words and phrases and of all legal expressions. (f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute. (Amended by Stats. 1986, Ch. 248, Sec. 43.)
  102. 452.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    A court may take judicial notice of listed categories of matters, except to the extent they are covered by Section 451.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 452. Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state. (b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States. (c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. (e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. (f) The law of an organization of nations and of foreign nations and public entities in foreign nations. (g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute. (h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. (Enacted by Stats. 1965, Ch. 299.)
  103. 452.5.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    This section says certain computer-generated official court records of criminal convictions can be included among official acts and records, and certified conviction records or digitized copies can be admitted to prove specified criminal facts.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 452.5. (a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court pursuant to Section 69844.5 of the Government Code at the time of computer entry. (b) (1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record. (2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and meets either of the following requirements: (A) The copy bears an electronic signature or watermark unique to the entity responsible for certifying the document. (B) The copied document is an official record of conviction, certified in accordance with subdivision (a) of Section 1530, that is transmitted by the clerk of the superior court in a manner showing that the copy was prepared and transmitted by that clerk of the superior court. A seal, signature, or other indicia of the court shall constitute adequate showing. (Amended by Stats. 2017, Ch. 561, Sec. 55. (AB 1516) Effective January 1, 2018.)
  104. 453.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    If a party requests it and gives notice plus enough information, the trial court must take judicial notice of matters listed in Section 452.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 453. The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter. (Enacted by Stats. 1965, Ch. 299.)
  105. 454.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    When deciding judicial notice, the court may use any pertinent source of information, and exclusionary evidence rules generally do not apply except for Section 352 and privilege rules.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 454. (a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party. (2) Exclusionary rules of evidence do not apply except for Section 352 and the rules of privilege. (b) Where the subject of judicial notice is the law of an organization of nations, a foreign nation, or a public entity in a foreign nation and the court resorts to the advice of persons learned in the subject matter, such advice, if not received in open court, shall be in writing. (Enacted by Stats. 1965, Ch. 299.)
  106. 455.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    If a trial court is considering judicial notice of certain matters, it must give each party a reasonable chance to argue about whether notice is proper and what the noticed matter is. If the court relies on information not received in open court, that information and its source must be put on the record, and the parties must get a chance to respond before notice is taken.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 455. With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action: (a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the court shall afford each party reasonable opportunity, before the jury is instructed or before the cause is submitted for decision by the court, to present to the court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed. (b) If the trial court resorts to any source of information not received in open court, including the advice of persons learned in the subject matter, such information and its source shall be made a part of the record in the action and the court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken. (Enacted by Stats. 1965, Ch. 299.)
  107. 456.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    If a trial court denies judicial notice, it must promptly tell the parties and note the denial on the record.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 456. If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate for the record that it has denied the request. (Enacted by Stats. 1965, Ch. 299.)
  108. 457.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    A trial court may, and if requested must, tell the jury to treat a judicially noticed matter as established fact when it would otherwise be for the jury to decide.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 457. If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct the jury to accept as a fact the matter so noticed. (Enacted by Stats. 1965, Ch. 299.)
  109. 458.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    If the trial court previously failed or refused to take judicial notice or to instruct the jury about a matter, it still may take judicial notice of that matter later in the same action, following the division’s procedure.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 458. The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure specified in this division. (Enacted by Stats. 1965, Ch. 299.)
  110. 459.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    The reviewing court must take judicial notice of certain matters, may take notice of others, and must give parties a chance to respond when it relies on outside information in specified circumstances.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 459. (a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452. The reviewing court may take judicial notice of a matter in a tenor different from that noticed by the trial court. (b) In determining the propriety of taking judicial notice of a matter, or the tenor thereof, the reviewing court has the same power as the trial court under Section 454. (c) When taking judicial notice under this section of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, the reviewing court shall comply with the provisions of subdivision (a) of Section 455 if the matter was not theretofore judicially noticed in the action. (d) In determining the propriety of taking judicial notice of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, or the tenor thereof, if the reviewing court resorts to any source of information not received in open court or not included in the record of the action, including the advice of persons learned in the subject matter, the reviewing court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken. (Enacted by Stats. 1965, Ch. 299.)
  111. 460.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. )

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    If the court needs expert advice to take judicial notice, it may appoint one or more learned persons to provide it.

    ## Evidence Code - EVID ## DIVISION 4. JUDICIAL NOTICE [450 - 460] ( Division 4 enacted by Stats. 1965, Ch. 299. ) ## 460. Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own motion or on motion of any party may appoint one or more such persons to provide such advice. If the court determines to appoint such a person, he shall be appointed and compensated in the manner provided in Article 2 (commencing with Section 730) of Chapter 3 of Division 6. (Enacted by Stats. 1965, Ch. 299.)
  112. 5.

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

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    Headings for divisions, chapters, articles, and sections do not affect the scope, meaning, or intent of the code’s provisions.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 5. Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1965, Ch. 299.)
  113. 500.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A party generally must prove each fact that is essential to the claim for relief or defense it is asserting, unless another law provides otherwise.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 500. Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting. (Enacted by Stats. 1965, Ch. 299.)
  114. 501.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statute that assigns the burden of proof in a criminal action is subject to Penal Code Section 1096, except Section 522.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 501. Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such statute is subject to Penal Code Section 1096. (Enacted by Stats. 1965, Ch. 299.)
  115. 502.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The court must instruct the jury on which party has the burden of proof and what level of proof applies.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [500 - 502] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 502. The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party 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. (Enacted by Stats. 1965, Ch. 299.)
  116. 520.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    The party claiming that someone is guilty of a crime or wrongdoing must prove that issue.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 520. The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.)
  117. 521.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    If someone claims a person did not use the required degree of care, that claimant must prove it.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 521. The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.)
  118. 522.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A person who claims someone is or was insane must prove that issue.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 522. The party claiming that any person, including himself, is or was insane has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.)
  119. 523.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    When the state is a party to certain land or patent/grant disputes, the state must prove the specified historic and issuance-related issues.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 523. In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the state is in dispute, or (b) the validity of any state patent or grant dated prior to 1950 is in dispute, the state shall have the burden of proof on all issues relating to the historic locations of rivers, streams, and other water bodies and the authority of the state in issuing the patent or grant. This section is not intended to nor shall it be construed to supersede existing statutes governing disputes where the state is a party and regarding title to real property. (Added by Stats. 1994, Ch. 128, Sec. 2. Effective January 1, 1995.)
  120. 524.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    In civil cases involving the State Board of Equalization, the Board must prove certain penalty claims for intent to evade or fraud by clear and convincing evidence.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Burden of Proof [500 - 524] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Burden of Proof on Specific Issues [520 - 524] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 524. (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the burden of proof by clear and convincing evidence in sustaining its assertion of a penalty for intent to evade or fraud against a taxpayer, with respect to any factual issue relevant to ascertaining the liability of a taxpayer. (b) Nothing in this section shall be construed to override any requirement for a taxpayer to substantiate any item on a return or claim filed with the State Board of Equalization. (c) Nothing in this section shall subject a taxpayer to unreasonable search or access to records in violation of the United States Constitution, the California Constitution, or any other law. (d) For purposes of this section, “taxpayer” includes a person on whom fees administered by the State Board of Equalization are imposed. (Added by Stats. 2010, Ch. 168, Sec. 1. (AB 2195) Effective January 1, 2011.)
  121. 550.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Burden of Producing Evidence [550- 550.] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    This section assigns the burden of producing evidence for a fact to the party who would lose on that fact without more evidence, and initially to the party with the burden of proof.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Burden of Producing Evidence [550- 550.] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 550. (a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence. (b) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact. (Enacted by Stats. 1965, Ch. 299.)
  122. 6.

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

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    References to this code or another statute include all past and future amendments and additions.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 6. Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1965, Ch. 299.)
  123. 600.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines “presumption” and “inference” for use in an action.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 600. (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence. (b) An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts found or otherwise established in the action. (Enacted by Stats. 1965, Ch. 299.)
  124. 601.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A presumption is either conclusive or rebuttable.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 601. A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.)
  125. 602.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A statute saying certain facts are prima facie evidence creates a rebuttable presumption.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 602. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption. (Enacted by Stats. 1965, Ch. 299.)
  126. 603.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines a presumption affecting the burden of producing evidence as one used only to help decide the particular action where it is applied.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 603. A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied. (Enacted by Stats. 1965, Ch. 299.)
  127. 604.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A presumption affecting the burden of producing evidence makes the trier of fact assume the presumed fact unless contrary evidence is introduced.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 604. The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate. (Enacted by Stats. 1965, Ch. 299.)
  128. 605.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A presumption affecting the burden of proof is one created to carry out a public policy purpose, not just to help decide the particular case.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 605. A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor of establishment of a parent and child relationship, the validity of marriage, the stability of titles to property, or the security of those who entrust themselves or their property to the administration of others. (Amended by Stats. 1975, Ch. 1244.)
  129. 606.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A presumption affecting the burden of proof requires the affected party to prove that the presumed fact does not exist.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 606. The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact. (Enacted by Stats. 1965, Ch. 299.)
  130. 607.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    In a criminal action, a presumption affecting the burden of proof operates only if the facts supporting it have been proved beyond a reasonable doubt, and the defendant then only needs to raise a reasonable doubt about the presumed fact.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. General [600 - 607] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 607. When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established beyond a reasonable doubt and, in such case, the defendant need only raise a reasonable doubt as to the existence of the presumed fact. (Enacted by Stats. 1965, Ch. 299.)
  131. 620.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the presumptions created by this article, and any other presumptions that the law makes conclusive, are conclusive presumptions.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 620. The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions. (Enacted by Stats. 1965, Ch. 299.)
  132. 622.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A written instrument’s stated facts are conclusively presumed true between the parties and their successors in interest, except for a recital of consideration.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 622. The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration. (Enacted by Stats. 1965, Ch. 299.)
  133. 623.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A party who intentionally leads another to believe something is true, and that other person relies on it, cannot later deny it in litigation arising from that conduct.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it. (Enacted by Stats. 1965, Ch. 299.)
  134. 624.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A tenant may not deny the landlord’s title when the landlord-tenant relationship begins.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Conclusive Presumptions [620 - 624] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 624. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation. (Enacted by Stats. 1965, Ch. 299.)
  135. 630.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the article’s presumptions, and other rebuttable presumptions meeting Section 603 criteria, are presumptions affecting the burden of producing evidence.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 630. The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence. (Enacted by Stats. 1965, Ch. 299.)
  136. 631.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Money delivered by one person to another is presumed to have been due to the recipient.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 631. Money delivered by one to another is presumed to have been due to the latter. (Enacted by Stats. 1965, Ch. 299.)
  137. 632.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A thing delivered by one person to another is presumed to have belonged to the recipient.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 632. A thing delivered by one to another is presumed to have belonged to the latter. (Enacted by Stats. 1965, Ch. 299.)
  138. 633.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    An obligation delivered to the debtor is presumed to have been paid.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 633. An obligation delivered up to the debtor is presumed to have been paid. (Enacted by Stats. 1965, Ch. 299.)
  139. 634.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If a person holds an order on himself for payment of money or delivery of a thing, the law presumes the money was paid or the thing was delivered.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 634. A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly. (Enacted by Stats. 1965, Ch. 299.)
  140. 635.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A creditor’s obligation is presumed not to have been paid.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 635. An obligation possessed by the creditor is presumed not to have been paid. (Enacted by Stats. 1965, Ch. 299.)
  141. 636.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A receipt for later rent or installments creates a presumption that earlier rent or installments were paid.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 636. The payment of earlier rent or installments is presumed from a receipt for later rent or installments. (Enacted by Stats. 1965, Ch. 299.)
  142. 637.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Property a person possesses is presumed to be owned by that person.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 637. The things which a person possesses are presumed to be owned by him. (Enacted by Stats. 1965, Ch. 299.)
  143. 638.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    If a person exercises acts of ownership over property, the law presumes that person is the owner.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 638. A person who exercises acts of ownership over property is presumed to be the owner of it. (Enacted by Stats. 1965, Ch. 299.)
  144. 639.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A nonconclusive judgment is presumed to correctly state or determine the parties’ rights, but not the facts essential to the judgment.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 639. A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined. (Enacted by Stats. 1965, Ch. 299.)
  145. 640.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A writing is presumed to have been truly dated.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 640. A writing is presumed to have been truly dated. (Enacted by Stats. 1965, Ch. 299.)
  146. 641.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A correctly addressed and properly mailed letter is presumed to have been received in the ordinary course of mail.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 641. A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. (Enacted by Stats. 1965, Ch. 299.)
  147. 642.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A trustee or similar person who was supposed to convey real property is presumed to have done so when that presumption is needed to perfect title.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 642. A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest. (Enacted by Stats. 1965, Ch. 299.)
  148. 643.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A deed, will, or similar writing affecting property is presumed authentic if it is at least 30 years old and meets several trustworthiness conditions.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 643. A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it: (a) Is at least 30 years old; (b) Is in such condition as to create no suspicion concerning its authenticity; (c) Was kept, or if found was found, in a place where such writing, if authentic, would be likely to be kept or found; and (d) Has been generally acted upon as authentic by persons having an interest in the matter. (Enacted by Stats. 1965, Ch. 299.)
  149. 644.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A book that appears to have been printed or published by public authority is presumed to have been printed or published by public authority.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 644. A book, purporting to be printed or published by public authority, is presumed to have been so printed or published. (Enacted by Stats. 1965, Ch. 299.)
  150. 645.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A book that appears to contain case reports from the tribunal where it was published is presumed to contain correct reports of those cases.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 645. A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct reports of such cases. (Enacted by Stats. 1965, Ch. 299.)
  151. 645.1.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    Printed materials may be presumed to be a particular newspaper or periodical if they are regularly issued on average no more than every three months.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 645.1. Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average intervals not exceeding three months. (Added by Stats. 1986, Ch. 330, Sec. 1.)
  152. 646.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    This section treats res ipsa loquitur as a presumption affecting the burden of producing evidence and gives the jury guidance on when it may infer negligence.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 646. (a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates. (b) The judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence. (c) If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that: (1) If the facts which would give rise to res ipsa loquitur presumption are found or otherwise established, the jury may draw the inference from such facts that a proximate cause of the occurrence was some negligent conduct on the part of the defendant; and (2) The jury shall not find that a proximate cause of the occurrence was some negligent conduct on the part of the defendant unless the jury believes, after weighing all the evidence in the case and drawing such inferences therefrom as the jury believes are warranted, that it is more probable than not that the occurrence was caused by some negligent conduct on the part of the defendant. (Added by Stats. 1970, Ch. 69.)
  153. 647.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. )

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    A registered process server’s return creates a presumption that the stated facts are true.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence [630 - 647] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 647. The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. (Added by Stats. 1978, Ch. 528.)
  154. 660.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    This section says the presumptions created by this article, and other rebuttable presumptions that meet Section 605 criteria, are presumptions affecting the burden of proof.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 660. The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are presumptions affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.)
  155. 662.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    The legal owner of property is presumed to be the beneficial owner too, unless there is clear and convincing proof to rebut that presumption.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 662. The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof. (Enacted by Stats. 1965, Ch. 299.)
  156. 663.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    A ceremonial marriage is presumed valid.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 663. A ceremonial marriage is presumed to be valid. (Enacted by Stats. 1965, Ch. 299.)
  157. 664.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    The law presumes official duty was regularly performed, except in a lawful-arrest issue where the arrest is shown to have been made without a warrant.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 664. It is presumed that official duty has been regularly performed. This presumption does not apply on an issue as to the lawfulness of an arrest if it is found or otherwise established that the arrest was made without a warrant. (Enacted by Stats. 1965, Ch. 299.)
  158. 665.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    A person is presumed to intend the ordinary consequences of a voluntary act.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 665. A person is presumed to intend the ordinary consequences of his voluntary act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged. (Enacted by Stats. 1965, Ch. 299.)
  159. 666.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    Courts and judges covered here are presumed to have acted lawfully within their jurisdiction, but only if their act is being challenged collaterally.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 666. Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such, is presumed to have acted in the lawful exercise of its jurisdiction. This presumption applies only when the act of the court or judge is under collateral attack. (Enacted by Stats. 1965, Ch. 299.)
  160. 667.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    If a person has not been heard from for five years, the law presumes that person is dead.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 667. A person not heard from in five years is presumed to be dead. (Amended by Stats. 1983, Ch. 201, Sec. 1.)
  161. 668.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    An unlawful intent is presumed from an unlawful act, except in a criminal case when the prosecution is trying to prove the defendant’s specific intent and specific intent is an element of the charged crime.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 668. An unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged. (Enacted by Stats. 1965, Ch. 299.)
  162. 669.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    A person is presumed not to have exercised due care if they violated a public-entity statute, ordinance, or regulation and the violation caused the kind of death or injury the rule was meant to prevent.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 669. (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (b) This presumption may be rebutted by proof that: (1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or (2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications. (Added by Stats. 1967, Ch. 650.)
  163. 669.1.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    A state or local government rule, policy, manual, or guideline for employees is not treated as a statute, ordinance, or regulation unless it has been formally adopted in the required way.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 669.1. A rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of their public employment shall not be considered a statute, ordinance, or regulation of that public entity within the meaning of Section 669, unless the rule, manual, policy, or guideline has been formally adopted as a statute, as an ordinance of a local governmental entity in this state empowered to adopt ordinances, or as a regulation by an agency of the state pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code), or by an agency of the United States government pursuant to the federal Administrative Procedure Act (Chapter 5 (commencing with Section 5001) of Title 5 of the United States Code). This section affects only the presumption set forth in Section 669, and is not otherwise intended to affect the admissibility or inadmissibility of the rule, policy, manual, or guideline under other provisions of law. (Repealed and added by Stats. 1987, Ch. 1207, Sec. 2.)
  164. 669.5.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    Certain city, county, or city-and-county ordinances are presumed to affect residential housing supply, and the enacting local government must prove the ordinance is necessary for public health, safety, or welfare if its validity is challenged.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 669.5. (a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes, or (2) changes the standards of residential development on vacant land so that the governing body’s zoning is rendered in violation of Section 65913.1 of the Government Code is presumed to have an impact on the supply of residential units available in an area which includes territory outside the jurisdiction of the city, county, or city and county. (b) With respect to any action which challenges the validity of an ordinance specified in subdivision (a) the city, county, or city and county enacting the ordinance shall bear the burden of proof that the ordinance is necessary for the protection of the public health, safety, or welfare of the population of the city, county, or city and county. (c) This section does not apply to state and federal building code requirements or local ordinances which (1) impose a moratorium, to protect the public health and safety, on residential construction for a specified period of time, if, under the terms of the ordinance, the moratorium will cease when the public health or safety is no longer jeopardized by the construction, (2) create agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code, or (3) restrict the number of buildable parcels or designate lands within a zone for nonresidential uses in order to protect agricultural uses as defined in subdivision (b) of Section 51201 of the Government Code or open-space land as defined in subdivision (h) of Section 65560 of the Government Code. (d) This section shall not apply to a voter approved ordinance adopted by referendum or initiative prior to the effective date of this section which (1) requires the city, county, or city and county to establish a population growth limit which represents its fair share of each year’s statewide population growth, or (2) which sets a growth rate of no more than the average population growth rate experienced by the state as a whole. Paragraph (2) of subdivision (a) does not apply to a voter-approved ordinance adopted by referendum or initiative which exempts housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, or which otherwise provides low- and moderate-income housing sites equivalent to such an exemption. (Amended by Stats. 2017, Ch. 434, Sec. 2. (SB 732) Effective January 1, 2018.)
  165. 670.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. )

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    A copy of a check, together with the original bank statement (or a copy of it), can create a presumption that the check has been paid.

    ## Evidence Code - EVID ## DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670] ( Division 5 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Presumptions and Inferences [600 - 670] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 670. (a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid. (b) As used in this section: (1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) “Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as “share draft” or “negotiable order of withdrawal.” (Amended by Stats. 2001, Ch. 854, Sec. 3. Effective January 1, 2002.)
  166. 7.

    ## 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 defines terms like “Division,” “Chapter,” “Article,” “Section,” “Subdivision,” and “Paragraph,” unless the code says otherwise.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 7. Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Chapter” means a chapter of the division in which that term occurs. (c) “Article” means an article of the chapter in which that term occurs. (d) “Section” means a section of this code. (e) “Subdivision” means a subdivision of the section in which that term occurs. (f) “Paragraph” means a paragraph of the subdivision in which that term occurs. (Enacted by Stats. 1965, Ch. 299.)
  167. 700.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Except as otherwise provided by statute, every person is qualified to be a witness and may testify to any matter, regardless of age.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 700. Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter. (Amended by Stats. 1985, Ch. 884, Sec. 1.)
  168. 701.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A person cannot serve as a witness if they cannot make themselves understood or cannot understand the duty to tell the truth.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 701. (a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth. (b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness. (Amended by Stats. 1985, Ch. 884, Sec. 2.)
  169. 702.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A witness may not testify about a matter unless the witness has personal knowledge of it, and that knowledge must be shown before testimony when a party objects.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 702. (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter. (b) A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony. (Enacted by Stats. 1965, Ch. 299.)
  170. 703.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A trial judge may have to tell the parties what he knows before testifying, and may not testify over a party’s objection.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 703. (a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the presence and hearing of the jury, inform the parties of the information he has concerning any fact or matter about which he will be called to testify. (b) Against the objection of a party, the judge presiding at the trial of an action may not testify in that trial as a witness. Upon such objection, the judge shall declare a mistrial and order the action assigned for trial before another judge. (c) The calling of the judge presiding at a trial to testify in that trial as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a judge shall be deemed a motion for mistrial. (d) In the absence of objection by a party, the judge presiding at the trial of an action may testify in that trial as a witness. (Enacted by Stats. 1965, Ch. 299.)
  171. 703.5.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    Certain judges, arbitrators, and mediators cannot testify in later civil cases about statements or rulings from the earlier proceeding, subject to listed exceptions.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 703.5. No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceeding, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal contempt, (b) constitute a crime, (c) be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings under paragraph (1) or (6) of subdivision (a) of Section 170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with regard to any mediation under Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code. (Amended by Stats. 1994, Ch. 1269, Sec. 7. Effective January 1, 1995.)
  172. 704.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    A sworn juror who is impaneled in a trial must tell the parties what they know before testifying; the juror generally may not testify over a party’s objection, and if there is an objection the court must declare a mistrial and send the case to another jury.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Competency [700 - 704] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 704. (a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in proceedings conducted by the court out of the presence and hearing of the remaining jurors, inform the parties of the information he has concerning any fact or matter about which he will be called to testify. (b) Against the objection of a party, a juror sworn and impaneled in the trial of an action may not testify before the jury in that trial as a witness. Upon such objection, the court shall declare a mistrial and order the action assigned for trial before another jury. (c) The calling of a juror to testify before the jury as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a juror shall be deemed a motion for mistrial. (d) In the absence of objection by a party, a juror sworn and impaneled in the trial of an action may be compelled to testify in that trial as a witness. (Enacted by Stats. 1965, Ch. 299.)
  173. 710.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    Every witness must take an oath, affirmation, or declaration before testifying, unless the court allows a child under 10 or a dependent person with a substantial cognitive impairment to only promise to tell the truth.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 710. Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10 or a dependent person with a substantial cognitive impairment, in the court’s discretion, may be required only to promise to tell the truth. (Amended by Stats. 2004, Ch. 823, Sec. 3. Effective January 1, 2005.)
  174. 711.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    A witness may be heard at trial only if all parties are present and may examine the witness, and only if they choose to attend and examine.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 711. At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose to attend and examine. (Enacted by Stats. 1965, Ch. 299.)
  175. 712.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    In a criminal trial, certain medical professionals may provide evidence about blood-sample collection by affidavit, if a copy is served on the other parties at least 10 days before trial.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Oath and Confrontation [710 - 712] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 712. Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a registered nurse, licensed vocational nurse, or licensed clinical laboratory technologist or clinical laboratory bioanalyst, by means of an affidavit. The affidavit shall be admissible, provided the party offering the affidavit as evidence has served all other parties to the action, or their counsel, with a copy of the affidavit no less than 10 days prior to trial. Nothing in this section shall preclude any party or his counsel from objecting to the introduction of the affidavit at any time, and requiring the attendance of the affiant, or compelling attendance by subpoena. (Added by Stats. 1978, Ch. 93.)
  176. 720.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A person may testify as an expert only if they have enough special knowledge, skill, experience, training, or education to qualify on the subject.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 720. (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experience, training, or education must be shown before the witness may testify as an expert. (b) A witness’ special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony. (Enacted by Stats. 1965, Ch. 299.)
  177. 721.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    An expert witness may be cross-examined about qualifications, the subject of the testimony, and the basis and reasons for the opinion; but cross-examination about scientific or similar publications is limited unless specific conditions are met.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 721. (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully cross-examined as to (1) his or her qualifications, (2) the subject to which his or her expert testimony relates, and (3) the matter upon which his or her opinion is based and the reasons for his or her opinion. (b) If a witness testifying as an expert testifies in the form of an opinion, he or she may not be cross-examined in regard to the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication unless any of the following occurs: (1) The witness referred to, considered, or relied upon such publication in arriving at or forming his or her opinion. (2) The publication has been admitted in evidence. (3) The publication has been established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, relevant portions of the publication may be read into evidence but may not be received as exhibits. (Amended by Stats. 1997, Ch. 892, Sec. 11. Effective January 1, 1998.)
  178. 722.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    An adverse party may inquire into an expert witness’s compensation and expenses when that is relevant to credibility and the weight of testimony.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 722. (a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fact. (b) The compensation and expenses paid or to be paid to an expert witness by the party calling him is a proper subject of inquiry by any adverse party as relevant to the credibility of the witness and the weight of his testimony. (Enacted by Stats. 1965, Ch. 299.)
  179. 723.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    The court may limit how many expert witnesses any party may call, including before or during trial.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert Witnesses Generally [720 - 723] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 723. The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party. (Enacted by Stats. 1965, Ch. 299.)
  180. 730.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    The court may appoint expert witnesses before or during trial, and may set their compensation. A person appointed under this section may not perform any act that requires a license unless they hold the proper license.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 730. When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court. Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act. (Amended by Stats. 1990, Ch. 295, Sec. 1.)
  181. 731.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    This section allocates payment responsibility for expert-witness compensation under Section 730 among counties, courts, and parties depending on the type of case and the expert’s appointment purpose.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 731. (a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which the action or proceeding is pending and shall be paid out of the treasury of that county on order of the court. (2) Notwithstanding paragraph (1), if the expert is appointed for the court’s needs, the compensation shall be a charge against the court. (b) In any county in which the superior court so provides, the compensation fixed under Section 730 for medical experts appointed for the court’s needs in civil actions shall be a charge against the court. In any county in which the board of supervisors so provides, the compensation fixed under Section 730 for medical experts appointed in civil actions, for purposes other than the court’s needs, shall be a charge against and paid out of the treasury of that county on order of the court. (c) Except as otherwise provided in this section, in all civil actions, the compensation fixed under Section 730 shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs. (Amended by Stats. 2012, Ch. 470, Sec. 8. (AB 1529) Effective January 1, 2013.)
  182. 732.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    An expert appointed by the court under Section 730 may be called and examined by the court or any party to the action.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 732. Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. When such witness is called and examined by the court, the parties have the same right as is expressed in Section 775 to cross-examine the witness and to object to the questions asked and the evidence adduced. (Enacted by Stats. 1965, Ch. 299.)
  183. 733.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A party may present other expert evidence on the same fact, but if it calls those expert witnesses, it must pay their fees and only ordinary witness fees can be taxed as costs.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. Expert Witnesses [720 - 733] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Appointment of Expert Witness by Court [730 - 733] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 733. Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fact or matter mentioned in Section 730; but, where other expert witnesses are called by a party to the action, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action. (Enacted by Stats. 1965, Ch. 299.)
  184. 750.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    Interpreters and translators in any action are treated under the rules of law that apply to witnesses.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 750. A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses. (Enacted by Stats. 1965, Ch. 299.)
  185. 751.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    Interpreters and translators must take specified oaths about accurate translation or interpretation; certain court-employed interpreters and translators may file the oath with the court clerk.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 751. (a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or she will make a true interpretation of the witness’ answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment. (b) In any proceeding in which a deaf or hard-of-hearing person is testifying under oath, the interpreter certified pursuant to subdivision (f) of Section 754 shall advise the court whenever he or she is unable to comply with his or her oath taken pursuant to subdivision (a). (c) A translator shall take an oath that he or she will make a true translation in the English language of any writing he or she is to decipher or translate. (d) An interpreter regularly employed by the court and certified or registered in accordance with Article 4 (commencing with Section 68560) of Chapter 2 of Title 8 of the Government Code, or a translator regularly employed by the court, may file an oath as prescribed by this section with the clerk of the court. The filed oath shall serve for all subsequent court proceedings until the appointment is revoked by the court. (Amended by Stats. 1997, Ch. 376, Sec. 1. Effective January 1, 1998.)
  186. 752.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    If a witness cannot understand or speak English well enough to be understood, an interpreter must be sworn to help the witness, and the record must identify that interpreter.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 752. (a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter whom the witness can understand and who can understand the witness shall be sworn to interpret for the witness. (b) The record shall identify the interpreter, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows: (1) In all criminal actions and juvenile court proceedings, the compensation for an interpreter under this section shall be a charge against the court. (2) In all civil actions, the compensation for an interpreter under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in a like manner as other costs. (Amended by Stats. 2012, Ch. 470, Sec. 9. (AB 1529) Effective January 1, 2013.)
  187. 753.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    If a writing offered in evidence cannot be read or understood directly, a qualified translator must be sworn to translate it, and the record must identify the translator.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 753. (a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can decipher the characters or understand the language shall be sworn to decipher or translate the writing. (b) The record shall identify the translator, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows: (1) In all criminal actions and juvenile court proceedings, the compensation for a translator under this section shall be a charge against the court. (2) In all civil actions, the compensation for a translator under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs. (Amended by Stats. 2012, Ch. 470, Sec. 10. (AB 1529) Effective January 1, 2013.)
  188. 754.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    Courts and appointing authorities must provide qualified interpreting arrangements for deaf or hard-of-hearing participants in covered proceedings, and related officials must follow specific interpreter, payment, and timing rules.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 754. (a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss so great as to prevent his or her understanding language spoken in a normal tone, but does not include an individual who is hard of hearing provided with, and able to fully participate in the proceedings through the use of, an assistive listening system or computer-aided transcription equipment provided pursuant to Section 54.8 of the Civil Code. (b) In a civil or criminal action, including an action involving a traffic or other infraction, a small claims court proceeding, a juvenile court proceeding, a family court proceeding or service, or a proceeding to determine the mental competency of a person, in a court-ordered or court-provided alternative dispute resolution, including mediation and arbitration, or in an administrative hearing, where a party or witness is an individual who is deaf or hard of hearing and the individual who is deaf or hard of hearing is present and participating, the proceeding shall be interpreted in a language that the individual who is deaf or hard of hearing understands by a qualified interpreter appointed by the court or other appointing authority, or as agreed upon. (c) For purposes of this section, “appointing authority” means a court, department, board, commission, agency, licensing or legislative body, or other body for proceedings requiring a qualified interpreter. (d) For purposes of this section, “interpreter” includes an oral interpreter, a sign language interpreter, or a deaf-blind interpreter, depending upon the needs of the individual who is deaf or hard of hearing. (e) For purposes of this section, “intermediary interpreter” means an individual who is deaf or hard of hearing, or a hearing individual who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language or between American Sign Language and other foreign languages by acting as an intermediary between the individual who is deaf or hard of hearing and the qualified interpreter. (f) For purposes of this section, “qualified interpreter” means an interpreter who has been certified as competent to interpret court proceedings by a testing organization, agency, or educational institution approved by the Judicial Council as qualified to administer tests to court interpreters for individuals who are deaf or hard of hearing. (g) If the appointed interpreter is not familiar with the use of particular signs by the individual who is deaf or hard of hearing or his or her particular variant of sign language, the court or other appointing authority shall, in consultation with the individual who is deaf or hard of hearing or his or her representative, appoint an intermediary interpreter. (h) (1) Before July 1, 1992, the Judicial Council shall conduct a study to establish the guidelines pursuant to which it shall determine which testing organizations, agencies, or educational institutions will be approved to administer tests for certification of court interpreters for individuals who are deaf or hard of hearing. It is the intent of the Legislature that the study obtain the widest possible input from the public, including, but not limited to, educational institutions, the judiciary, linguists, members of the State Bar of California, court interpreters, members of professional interpreting organizations, and members of the deaf and hard of hearing communities. After obtaining public comment and completing its study, the Judicial Council shall publish these guidelines. By January 1, 1997, the Judicial Council shall approve one or more entities to administer testing for court interpreters for individuals who are deaf or hard of hearing. Testing entities may include educational institutions, testing organizations, joint powers agencies, or public agencies. (2) Commencing July 1, 1997, court interpreters for individuals who are deaf or hard of hearing shall meet the qualifications specified in subdivision (f). (i) Persons appointed to serve as interpreters under this section shall be paid, in addition to actual travel costs, the prevailing rate paid to persons employed by the court to provide other interpreter services unless such service is considered to be a part of the person’s regular duties as an employee of the state, county, or other political subdivision of the state. Except as provided in subdivision (j), payment of the interpreter’s fee shall be a charge against the court. Payment of the interpreter’s fee in administrative proceedings shall be a charge against the appointing board or authority. (j) Whenever a peace officer or any other person having a law enforcement or prosecutorial function in a criminal or quasi-criminal investigation or non-court proceeding questions or otherwise interviews an alleged victim or witness who demonstrates or alleges deafness or hearing loss, a good faith effort to secure the services of an interpreter shall be made without any unnecessary delay, unless either the individual who is deaf or hard of hearing affirmatively indicates that he or she does not need or cannot use an interpreter, or an interpreter is not otherwise required by Title II of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted thereunder. Payment of the interpreter’s fee shall be a charge against the county, or other political subdivision of the state, in which the action is pending. (k) A statement, written or oral, made by an individual who the court finds is deaf or hard of hearing in reply to a question of a peace officer, or any other person having a law enforcement or prosecutorial function in a criminal or quasi-criminal investigation or proceeding, shall not be used against that individual who is deaf or hard of hearing unless the question was accurately interpreted and the statement was made knowingly, voluntarily, and intelligently and was accurately interpreted, or the court finds that either the individual could not have used an interpreter or an interpreter was not otherwise required by Title II of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted thereunder and that the statement was made knowingly, voluntarily, and intelligently. (l) In obtaining services of an interpreter for purposes of subdivision (j) or (k), priority shall be given to first obtaining a qualified interpreter. (m) Subdivisions (j) and (k) shall not be deemed to supersede the requirement of subdivision (b) for use of a qualified interpreter for an individual who is deaf or hard of hearing participating as a party or witness in a trial or hearing. (n) In an action or proceeding in which an individual who is deaf or hard of hearing is a participant, the appointing authority shall not commence the action or proceeding until the appointed interpreter is in full view of and spatially situated to assure proper communication with the participating individual who is deaf or hard of hearing. (o) Each superior court shall maintain a current roster of qualified interpreters certified pursuant to subdivision (f). (Amended by Stats. 2017, Ch. 561, Sec. 56. (AB 1516) Effective January 1, 2018.)
  189. 754.5.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    A privilege is not lost just because an interpreter was used to help a deaf or hard-of-hearing person communicate.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 754.5. Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived merely because an interpreter was used to facilitate their communication. (Amended by Stats. 2016, Ch. 94, Sec. 8. (AB 1709) Effective January 1, 2017.)
  190. 755.5.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    For certain medical exams in civil damage cases, an interpreter must be present if a party does not proficiently speak English.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 755.5. (a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently speak or understand the English language, conducted for the purpose of determining damages in a civil action, an interpreter shall be present to interpret the examination in a language that the person understands. The interpreter shall be certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (b) The fees of interpreters used under subdivision (a) shall be paid by the insurer or defendant requesting the medical examination. (c) The record of, or testimony concerning, any medical examination conducted in violation of subdivision (a) shall be inadmissible in the civil action for which it was conducted or any other civil action. (d) This section does not prohibit the presence of any other person to assist a party. (e) In the event that interpreters certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code cannot be present at the medical examination, upon stipulation of the parties the requester specified in subdivision (a) shall have the discretionary authority to provisionally qualify and use other interpreters. (Amended by Stats. 1995, Ch. 938, Sec. 8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  191. 756.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    The Judicial Council must reimburse courts for civil court interpreter services when required by other state or federal laws, and courts must follow priority and certification rules when funds are limited. Parties cannot be charged a fee for a court interpreter.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 756. (a) To the extent required by other state or federal laws, the Judicial Council shall reimburse courts for court interpreter services provided in civil actions and proceedings to any party who is present in court and who does not proficiently speak or understand the English language for the purpose of interpreting the proceedings in a language the party understands, and assisting communications between the party, the party’s attorney, and the court. (b) If sufficient funds are not appropriated to provide an interpreter to every party that meets the standard of eligibility, court interpreter services in civil cases reimbursed by the Judicial Council, pursuant to subdivision (a), shall be prioritized by case type by each court in the following order: (1) Actions and proceedings under Division 10 (commencing with Section 6200) of the Family Code, actions or proceedings under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code) in which a protective order has been granted or is being sought pursuant to Section 6221 of the Family Code, and actions and proceedings for dissolution or nullity of marriage or legal separation of the parties in which a protective order has been granted or is being sought pursuant to Section 6221 of the Family Code; actions and proceedings under subdivision (y) of Section 527.6 of the Code of Civil Procedure; and actions and proceedings for physical abuse or neglect under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). (2) Actions and proceedings relating to unlawful detainer. (3) Actions and proceedings to terminate parental rights. (4) Actions and proceedings relating to conservatorship or guardianship, including the appointment or termination of a probate guardian or conservator. (5) Actions and proceedings by a parent to obtain sole legal or physical custody of a child or rights to visitation. (6) All other actions and proceedings under Section 527.6 of the Code of Civil Procedure or the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). (7) All other actions and proceedings related to family law. (8) All other civil actions or proceedings. (c) (1) If funds are not available to provide an interpreter to every party that meets the standard of eligibility, preference shall be given for parties proceeding in forma pauperis pursuant to Section 68631 of the Government Code in any civil action or proceeding described in paragraph (3), (4), (5), (6), (7), or (8) of subdivision (b). (2) Courts may provide an interpreter to a party outside the priority order listed in subdivision (b) when a qualified interpreter is present and available at the court location and no higher priority action that meets the standard of eligibility described in subdivision (a) is taking place at that location during the period of time for which the interpreter has already been compensated. (d) A party shall not be charged a fee for the provision of a court interpreter. (e) In seeking reimbursement for court interpreter services, the court shall identify to the Judicial Council the case types for which the interpretation to be reimbursed was provided. Courts shall regularly certify that in providing the interpreter services, they have complied with the priorities and preferences set forth in subdivisions (b) and (c), which shall be subject to review by the Judicial Council. (f) This section shall not be construed to alter, limit, or negate any right to an interpreter in a civil action or proceeding otherwise provided by state or federal law, or the right to an interpreter in criminal, traffic, or other infraction, juvenile, or mental competency actions or proceedings. (g) This section shall not result in a reduction in staffing or compromise the quality of interpreting services in criminal, juvenile, or other types of matters in which interpreters are provided. (Amended by Stats. 2019, Ch. 497, Sec. 109. (AB 991) Effective January 1, 2020.)
  192. 757.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

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    Civil courts may provide an interpreter for a proceeding where a petitioner asks the superior court to make findings about special immigrant juvenile status.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Interpreters and Translators [750 - 757] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## 757. Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing authority to provide interpreters in civil court includes the authority to provide an interpreter in a proceeding in which a petitioner requests an order from the superior court to make the findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. (Added by Stats. 2014, Ch. 685, Sec. 2. (SB 873) Effective September 27, 2014.)
  193. 760.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines “direct examination” as the first examination of a witness on a matter outside the scope of any earlier examination of that witness.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 760. “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness. (Enacted by Stats. 1965, Ch. 299.)
  194. 761.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines “cross-examination” as questioning a witness by a party other than the direct examiner on matters within the scope of the direct examination.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 761. “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of the witness. (Enacted by Stats. 1965, Ch. 299.)
  195. 762.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    “Redirect examination” means an examination of a witness by the direct examiner after cross-examination.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 762. “Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness. (Enacted by Stats. 1965, Ch. 299.)
  196. 763.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    Recross-examination means a cross-examiner questioning a witness after redirect examination.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 763. “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness. (Enacted by Stats. 1965, Ch. 299.)
  197. 764.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines a “leading question” as one that suggests the answer the examining party wants the witness to give.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Definitions [760 - 764] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 764. A “leading question” is a question that suggests to the witness the answer that the examining party desires. (Enacted by Stats. 1965, Ch. 299.)
  198. 765.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    The court must manage witness questioning to keep it effective and to protect witnesses from harassment or embarrassment, especially children and dependent persons with substantial cognitive impairment.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 765. (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective for the ascertainment of the truth, as may be, and to protect the witness from undue harassment or embarrassment. (b) With a witness under the age of 14 or a dependent person with a substantial cognitive impairment, the court shall take special care to protect him or her from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The court shall also take special care to ensure that questions are stated in a form which is appropriate to the age or cognitive level of the witness. The court may, in the interests of justice, on objection by a party, forbid the asking of a question which is in a form that is not reasonably likely to be understood by a person of the age or cognitive level of the witness. (Amended by Stats. 2004, Ch. 823, Sec. 4. Effective January 1, 2005.)
  199. 766.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A witness must answer questions responsively; nonresponsive answers may be stricken on motion by any party.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 766. A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party. (Enacted by Stats. 1965, Ch. 299.)
  200. 767.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Leading questions are generally not allowed on direct or redirect examination, but they are allowed on cross-examination or recross-examination. The court may also allow them for a child under 10 or a dependent person with substantial cognitive impairment in specified prosecutions if justice requires.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 5. Method and Scope of Examination [760 - 778] ( Chapter 5 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 767. (a) Except under special circumstances where the interests of justice otherwise require: (1) A leading question may not be asked of a witness on direct or redirect examination. (2) A leading question may be asked of a witness on cross-examination or recross-examination. (b) The court may, in the interests of justice permit a leading question to be asked of a child under 10 years of age or a dependent person with a substantial cognitive impairment in a case involving a prosecution under Section 273a, 273d, 288.5, 368, or any of the acts described in Section 11165.1 or 11165.2 of the Penal Code. (Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.)

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