Evidence Code — Part 3 | EVID — United States — California law | Esheria

Evidence Code

Part 3 of 3 · provisions 401–506

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

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

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

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Provisions of Evidence Code

Showing 106 of 506

  1. 768.

    ## 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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    In witness examination about a writing, the writing generally does not have to be shown, read, or disclosed to the witness; if it is shown, all parties must first get a chance to inspect it before any related question is asked.

    ## 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. ) ## 768. (a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. (b) If a writing is shown to a witness, all parties to the action must be given an opportunity to inspect it before any question concerning it may be asked of the witness. (Enacted by Stats. 1965, Ch. 299.)
  2. 769.

    ## 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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    When examining a witness about a prior inconsistent statement or conduct, it is not necessary to disclose that information to the 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 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 769. In examining a witness concerning a statement or other conduct by him that is inconsistent with any part of his testimony at the hearing, it is not necessary to disclose to him any information concerning the statement or other conduct. (Enacted by Stats. 1965, Ch. 299.)
  3. 770.

    ## 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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    Extrinsic evidence of a witness’s inconsistent statement is excluded unless specified exceptions apply.

    ## 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. ) ## 770. Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded unless: (a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or (b) The witness has not been excused from giving further testimony in the action. (Enacted by Stats. 1965, Ch. 299.)
  4. 771.

    ## 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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    When a witness refreshes memory with a writing, the writing must be produced on request of an adverse party, and the witness’s testimony may be stricken if it is not produced.

    ## 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. ) ## 771. (a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about which he testifies, such writing must be produced at the hearing at the request of an adverse party and, unless the writing is so produced, the testimony of the witness concerning such matter shall be stricken. (b) If the writing is produced at the hearing, the adverse party may, if he chooses, inspect the writing, cross-examine the witness concerning it, and introduce in evidence such portion of it as may be pertinent to the testimony of the witness. (c) Production of the writing is excused, and the testimony of the witness shall not be stricken, if the writing: (1) Is not in the possession or control of the witness or the party who produced his testimony concerning the matter; and (2) Was not reasonably procurable by such party through the use of the court’s process or other available means. (Enacted by Stats. 1965, Ch. 299.)
  5. 772.

    ## 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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    This section sets the order of witness examination phases, allows a party to interrupt certain examination phases with court discretion, and bars direct examination by another party of a criminal defendant-witness without the witness’s consent.

    ## 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. ) ## 772. (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and continuing thereafter by redirect and recross-examination. (b) Unless for good cause the court otherwise directs, each phase of the examination of a witness must be concluded before the succeeding phase begins. (c) Subject to subdivision (d), a party may, in the discretion of the court, interrupt his cross-examination, redirect examination, or recross-examination of a witness, in order to examine the witness upon a matter not within the scope of a previous examination of the witness. (d) If the witness is the defendant in a criminal action, the witness may not, without his consent, be examined under direct examination by another party. (Enacted by Stats. 1965, Ch. 299.)
  6. 773.

    ## 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 may be cross-examined on matters within the scope of direct examination, and the court controls the order of that 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 2. Examination of Witnesses [765 - 778] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 773. (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such order as the court directs. (b) The cross-examination of a witness by any party whose interest is not adverse to the party calling him is subject to the same rules that are applicable to the direct examination. (Enacted by Stats. 1965, Ch. 299.)
  7. 774.

    ## 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 cannot be reexamined on the same matter unless the court gives leave; reexamination on new matter is allowed.

    ## 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. ) ## 774. A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon which he has been examined by another party to the action. Leave may be granted or withheld in the court’s discretion. (Enacted by Stats. 1965, Ch. 299.)
  8. 775.

    ## 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 may call and question witnesses on its own motion or at a party’s request, and the parties may object and cross-examine those witnesses.

    ## 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. ) ## 775. The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the action, and the parties may object to the questions asked and the evidence adduced the same as if such witnesses were called and examined by an adverse party. Such witnesses may be cross-examined by all parties to the action in such order as the court directs. (Enacted by Stats. 1965, Ch. 299.)
  9. 776.

    ## 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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    Certain parties and witnesses in a civil action may be examined under cross-examination or redirect-examination rules, subject to the court’s directions and specified exceptions.

    ## 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. ) ## 776. (a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by any adverse party at any time during the presentation of evidence by the party calling the witness. (b) A witness examined by a party under this section may be cross-examined by all other parties to the action in such order as the court directs; but, subject to subdivision (e), the witness may be examined only as if under redirect examination by: (1) In the case of a witness who is a party, his own counsel and counsel for a party who is not adverse to the witness. (2) In the case of a witness who is not a party, counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified. (c) For the purpose of this section, parties represented by the same counsel are deemed to be a single party. (d) For the purpose of this section, a person is identified with a party if he is: (1) A person for whose immediate benefit the action is prosecuted or defended by the party. (2) A director, officer, superintendent, member, agent, employee, or managing agent of the party or of a person specified in paragraph (1), or any public employee of a public entity when such public entity is the party. (3) A person who was in any of the relationships specified in paragraph (2) at the time of the act or omission giving rise to the cause of action. (4) A person who was in any of the relationships specified in paragraph (2) at the time he obtained knowledge of the matter concerning which he is sought to be examined under this section. (e) Paragraph (2) of subdivision (b) does not require counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified to examine the witness as if under redirect examination if the party who called the witness for examination under this section: (1) Is also a person identified with the same party with whom the witness is identified. (2) Is the personal representative, heir, successor, or assignee of a person identified with the same party with whom the witness is identified. (Amended by Stats. 1967, Ch. 650.)
  10. 777.

    ## 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 may exclude from the courtroom a witness who is not being examined, but not a party, and a designated officer or employee may stay if a corporate or other non-natural-person party is involved.

    ## 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. ) ## 777. (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses. (b) A party to the action cannot be excluded under this section. (c) If a person other than a natural person is a party to the action, an officer or employee designated by its attorney is entitled to be present. (Enacted by Stats. 1965, Ch. 299.)
  11. 778.

    ## 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 who has been excused from further testimony cannot be recalled unless the court grants leave.

    ## 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. ) ## 778. After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or withheld in the court’s discretion. (Enacted by Stats. 1965, Ch. 299.)
  12. 780.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A court or jury may consider any matter that reasonably tends to prove or disprove a witness’s truthfulness when assessing credibility, unless another statute provides otherwise.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 780. Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his testimony at the hearing, including but not limited to any of the following: (a) His demeanor while testifying and the manner in which he testifies. (b) The character of his testimony. (c) The extent of his capacity to perceive, to recollect, or to communicate any matter about which he testifies. (d) The extent of his opportunity to perceive any matter about which he testifies. (e) His character for honesty or veracity or their opposites. (f) The existence or nonexistence of a bias, interest, or other motive. (g) A statement previously made by him that is consistent with his testimony at the hearing. (h) A statement made by him that is inconsistent with any part of his testimony at the hearing. (i) The existence or nonexistence of any fact testified to by him. (j) His attitude toward the action in which he testifies or toward the giving of testimony. (k) His admission of untruthfulness. (Enacted by Stats. 1965, Ch. 299.)
  13. 782.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    When sexual-conduct evidence is offered to attack a complaining witness’s credibility in the listed cases, the defendant must follow a special motion, affidavit, hearing, and sealing procedure.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 782. (a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness under Section 780, the following procedure shall be followed: (1) A written motion shall be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevance of evidence of the sexual conduct of the complaining witness that is proposed to be presented and of its relevance in attacking the credibility of the complaining witness. (2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated. The affidavit shall be filed under seal and only unsealed by the court to determine if the offer of proof is sufficient to order a hearing pursuant to paragraph (3). After that determination, the affidavit shall be resealed by the court. (3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant. (4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant pursuant to Section 780, and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court. (5) An affidavit resealed by the court pursuant to paragraph (2) shall remain sealed, unless the defendant raises an issue on appeal or collateral review relating to the offer of proof contained in the sealed document. If the defendant raises that issue on appeal, the court shall allow the Attorney General and appellate counsel for the defendant access to the sealed affidavit. If the issue is raised on collateral review, the court shall allow the district attorney and defendant’s counsel access to the sealed affidavit. The use of the information contained in the affidavit shall be limited solely to the pending proceeding. (b) (1) As used in this section, “complaining witness” means: (A) The alleged victim of the crime charged, the prosecution of which is subject to this section, pursuant to paragraph (1) of subdivision (c). (B) An alleged victim offering testimony pursuant to paragraph (2) or (3) of subdivision (c). (2) As used in this section, “evidence of sexual conduct” includes those portions of a social media account about the complaining witness, including any text, image, video, or picture, which depict sexual content, sexual history, nudity or partial nudity, intimate sexual activity, communications about sex, sexual fantasies, and other information that appeals to a prurient interest, unless it is related to the alleged offense. (c) The procedure provided by subdivision (a) shall apply in any of the following circumstances: (1) In a prosecution under Section 261, 262, 264.1, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code, or for assault with intent to commit, attempt to commit, or conspiracy to commit any crime defined in any of those sections, except if the crime is alleged to have occurred in a local detention facility, as defined in Section 6031.4 of the Penal Code, or in the state prison, as defined in Section 4504. (2) When an alleged victim testifies pursuant to subdivision (b) of Section 1101 as a victim of a crime listed in Section 243.4, 261, 261.5, 269, 285, 286, 287, 288, 288.5, 289, 314, or 647.6 of, or former Section 288a of, the Penal Code, except if the crime is alleged to have occurred in a local detention facility, as defined in Section 6031.4 of the Penal Code, or in the state prison, as defined in Section 4504 of the Penal Code. (3) When an alleged victim of a sexual offense testifies pursuant to Section 1108, except if the crime is alleged to have occurred in a local detention facility, as defined in Section 6031.4 of the Penal Code, or in the state prison, as defined in Section 4504 of the Penal Code. (Amended by Stats. 2021, Ch. 24, Sec. 1. (AB 341) Effective January 1, 2022.)
  14. 782.1.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    Possessing a condom cannot be used as evidence in certain prostitution-related prosecutions.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, or subdivision (a) or (b) of Section 647 of, or former Section 653.22 of, the Penal Code, if the offense is related to prostitution. (Amended by Stats. 2022, Ch. 86, Sec. 1. (SB 357) Effective January 1, 2023.)
  15. 783.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    In certain civil cases involving sexual harassment, sexual assault, or sexual battery, the defendant must file a written motion and affidavit before using evidence of the plaintiff’s sexual conduct to challenge credibility.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Credibility Generally [780 - 783] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 783. In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, if evidence of sexual conduct of the plaintiff is offered to attack credibility of the plaintiff under Section 780, the following procedures shall be followed: (a) A written motion shall be made by the defendant to the court and the plaintiff’s attorney stating that the defense has an offer of proof of the relevancy of evidence of the sexual conduct of the plaintiff proposed to be presented. (b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated. (c) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the plaintiff regarding the offer of proof made by the defendant. (d) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the plaintiff is relevant pursuant to Section 780, and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court. (Added by Stats. 1985, Ch. 1328, Sec. 3.)
  16. 785.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Any party may attack or support a witness’s credibility, including the party who called the witness.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 785. The credibility of a witness may be attacked or supported by any party, including the party calling him. (Enacted by Stats. 1965, Ch. 299.)
  17. 786.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Evidence about a witness’s character traits other than honesty or veracity is not admissible to attack or support the witness’s credibility.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 786. Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness. (Enacted by Stats. 1965, Ch. 299.)
  18. 787.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Subject to Section 788, specific-instance conduct evidence that is relevant only to character is not admissible to attack or support a witness’s credibility.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 787. Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or support the credibility of a witness. (Enacted by Stats. 1965, Ch. 299.)
  19. 788.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    A witness’s credibility may be attacked by proof of a felony conviction, unless one of the listed exceptions applies.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 788. For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless: (a) A pardon based on his innocence has been granted to the witness by the jurisdiction in which he was convicted. (b) A certificate of rehabilitation and pardon has been granted to the witness under the provisions of Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense. (d) The conviction was under the laws of another jurisdiction and the witness has been relieved of the penalties and disabilities arising from the conviction pursuant to a procedure substantially equivalent to that referred to in subdivision (b) or (c). (Enacted by Stats. 1965, Ch. 299.)
  20. 789.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Evidence of a witness’s religious belief or lack of it cannot be used to attack or support credibility.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 789. Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness. (Enacted by Stats. 1965, Ch. 299.)
  21. 790.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

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    Evidence of a witness’s good character cannot be used to support credibility unless bad-character evidence has been admitted to attack that credibility.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 790. Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose of attacking his credibility. (Enacted by Stats. 1965, Ch. 299.)
  22. 791.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A prior consistent statement by a witness cannot be used to support the witness’s credibility unless a stated exception applies.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 6. Credibility of Witnesses [780 - 791] ( Chapter 6 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Attacking or Supporting Credibility [785 - 791] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 791. Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after: (a) Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or (b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen. (Enacted by Stats. 1965, Ch. 299.)
  23. 795.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 7. Hypnosis of Witnesses [795- 795.] ( Chapter 7 added by Stats. 1984, Ch. 479, Sec. 1. )

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    A witness’s prior hypnosis does not by itself make the testimony inadmissible in a criminal proceeding, if specified conditions are met.

    ## Evidence Code - EVID ## DIVISION 6. WITNESSES [700 - 795] ( Division 6 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 7. Hypnosis of Witnesses [795- 795.] ( Chapter 7 added by Stats. 1984, Ch. 479, Sec. 1. ) ## 795. (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the purpose of recalling events that are the subject of the witness’s testimony, if all of the following conditions are met: (1) The testimony is limited to those matters that the witness recalled and related prior to the hypnosis. (2) The substance of the prehypnotic memory was preserved in a writing, audio recording, or video recording prior to the hypnosis. (3) The hypnosis was conducted in accordance with all of the following procedures: (A) A written record was made prior to hypnosis documenting the subject’s description of the event, and information that was provided to the hypnotist concerning the subject matter of the hypnosis. (B) The subject gave informed consent to the hypnosis. (C) The hypnosis session, including the pre- and post-hypnosis interviews, was video recorded for subsequent review. (D) The hypnosis was performed by a licensed physician and surgeon, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor experienced in the use of hypnosis and independent of and not in the presence of law enforcement, the prosecution, or the defense. (4) Prior to admission of the testimony, the court holds a hearing pursuant to Section 402 at which the proponent of the evidence proves by clear and convincing evidence that the hypnosis did not so affect the witness as to render the witness’s prehypnosis recollection unreliable or to substantially impair the ability to cross-examine the witness concerning the witness’s prehypnosis recollection. At the hearing, each side shall have the right to present expert testimony and to cross-examine witnesses. (b) Nothing in this section shall be construed to limit the ability of a party to attack the credibility of a witness who has undergone hypnosis, or to limit other legal grounds to admit or exclude the testimony of that witness. (Amended by Stats. 2011, Ch. 381, Sec. 20. (SB 146) Effective January 1, 2012.)
  24. 8.

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

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    This section says that verb tense is interpreted broadly: the present tense can include the past and future, and the future can include the present.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 8. The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1965, Ch. 299.)
  25. 800.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A witness who is not testifying as an expert may give opinion testimony only to the extent permitted by law.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 800. If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: (a) Rationally based on the perception of the witness; and (b) Helpful to a clear understanding of his testimony. (Enacted by Stats. 1965, Ch. 299.)
  26. 801.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    An expert witness’s opinion testimony is limited to opinions on matters beyond common experience and based on materials reasonably relied on by experts, unless the law bars using that material.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 801. If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and (b) Based on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion. (Enacted by Stats. 1965, Ch. 299.)
  27. 801.1.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    In certain general civil cases involving medical causation experts, a contrary expert may be used only if the expert can say each alternative cause is reasonably medically probable; an expert may still testify that a matter cannot meet a reasonable degree of probability and explain why.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 801.1. (a) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, the party not bearing the burden of proof may offer a contrary expert only if its expert is able to opine that the proffered alternative cause or causes each exists to a reasonable medical probability, except as provided in subdivision (b). (b) Subdivision (a) does not preclude a witness testifying as an expert from testifying that a matter cannot meet a reasonable degree of probability in the applicable field, and providing the basis for that opinion. (Amended (as added by Stats. 2023, Ch. 75) by Stats. 2023, Ch. 190, Sec. 1. (SB 135) Effective September 13, 2023. Operative January 1 2024, pursuant to Sec. 13 of Ch. 190, Stats 2023.)
  28. 802.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    A witness giving opinion testimony may explain the reasons and basis for the opinion on direct examination, unless law prohibits using that material; the court may also require the witness to be examined on the basis first.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 802. A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion. The court in its discretion may require that a witness before testifying in the form of an opinion be first examined concerning the matter upon which his opinion is based. (Enacted by Stats. 1965, Ch. 299.)
  29. 803.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    The court may, and must on objection, exclude opinion testimony that relies in whole or in significant part on an improper basis.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 803. The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion. In such case, the witness may, if there remains a proper basis for his opinion, then state his opinion after excluding from consideration the matter determined to be improper. (Enacted by Stats. 1965, Ch. 299.)
  30. 804.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    If an expert’s opinion relies on another person’s opinion or statement, the adverse party may call and examine that person, unless a stated exception applies.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 804. (a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such other person may be called and examined by any adverse party as if under cross-examination concerning the opinion or statement. (b) This section is not applicable if the person upon whose opinion or statement the expert witness has relied is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the opinion or statement upon which the expert witness has relied. (c) Nothing in this section makes admissible an expert opinion that is inadmissible because it is based in whole or in part on the opinion or statement of another person. (d) An expert opinion otherwise admissible is not made inadmissible by this section because it is based on the opinion or statement of a person who is unavailable for examination pursuant to this section. (Enacted by Stats. 1965, Ch. 299.)
  31. 805.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. )

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    Opinion testimony that is otherwise admissible is not objectionable just because it addresses the ultimate issue for the factfinder.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Expert and Other Opinion Testimony Generally [800 - 805] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 805. Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact. (Enacted by Stats. 1965, Ch. 299.)
  32. 810.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    This article sets special evidence rules for actions where property value must be determined, except when another statute provides a different rule.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 810. (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of property is to be ascertained. (b) This article does not govern ad valorem property tax assessment or equalization proceedings. (Amended by Stats. 1980, Ch. 381.)
  33. 811.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    This section defines “value of property” as market value for specified property types.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 811. As used in this article, “value of property” means market value of any of the following: (a) Real property or any interest therein. (b) Real property or any interest therein and tangible personal property valued as a unit. (Amended by Stats. 1980, Ch. 381.)
  34. 812.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    This section says the article is not meant to change the existing law on the meaning of market value, including fair market value.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 812. This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market value,” whether denominated “fair market value” or otherwise. (Amended by Stats. 1978, Ch. 294.)
  35. 813.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    Property value may be proved only through opinions from listed qualified people, including the owner or certain designated representatives.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 813. (a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses qualified to express such opinions. (2) The owner or the spouse of the owner of the property or property interest being valued. (3) An officer, regular employee, or partner designated by a corporation, partnership, or unincorporated association that is the owner of the property or property interest being valued, if the designee is knowledgeable as to the value of the property or property interest. (b) Nothing in this section prohibits a view of the property being valued or the admission of any other admissible evidence (including but not limited to evidence as to the nature and condition of the property and, in an eminent domain proceeding, the character of the improvement proposed to be constructed by the plaintiff) for the limited purpose of enabling the court, jury, or referee to understand and weigh the testimony given under subdivision (a); and such evidence, except evidence of the character of the improvement proposed to be constructed by the plaintiff in an eminent domain proceeding, is subject to impeachment and rebuttal. (c) For the purposes of subdivision (a), “owner of the property or property interest being valued” includes, but is not limited to, the following persons: (1) A person entitled to possession of the property. (2) Either party in an action or proceeding to determine the ownership of the property between the parties if the court determines that it would not be in the interest of efficient administration of justice to determine the issue of ownership prior to the admission of the opinion of the party. (Amended by Stats. 1980, Ch. 381.)
  36. 814.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

    Verify source ↗

    A witness’s opinion on property value is limited to opinions based on information personally perceived or known, or made known before the hearing, and the information must be of a type an expert could reasonably rely on.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 814. The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witness or made known to the witness at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion as to the value of property, including but not limited to the matters listed in Sections 815 to 821, inclusive, unless a witness is precluded by law from using such matter as a basis for an opinion. (Amended by Stats. 1980, Ch. 381.)
  37. 815.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

    Verify source ↗

    A witness may use the price and terms of a qualifying sale or contract as part of an opinion on property value, but not in the specified eminent domain after-lis-pendens situation.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 815. When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and circumstances of any sale or contract to sell and purchase which included the property or property interest being valued or any part thereof if the sale or contract was freely made in good faith within a reasonable time before or after the date of valuation, except that in an eminent domain proceeding where the sale or contract to sell and purchase includes only the property or property interest being taken or a part thereof, such sale or contract to sell and purchase may not be taken into account if it occurs after the filing of the lis pendens. (Amended by Stats. 1978, Ch. 294.)
  38. 816.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    A witness may rely on comparable property sales or contracts as part of an opinion on value, if they were made in good faith and are close enough in time and location to be comparable.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 816. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and circumstances of any sale or contract to sell and purchase comparable property if the sale or contract was freely made in good faith within a reasonable time before or after the date of valuation. In order to be considered comparable, the sale or contract must have been made sufficiently near in time to the date of valuation, and the property sold must be located sufficiently near the property being valued, and must be sufficiently alike in respect to character, size, situation, usability, and improvements, to make it clear that the property sold and the property being valued are comparable in value and that the price realized for the property sold may fairly be considered as shedding light on the value of the property being valued. (Added by Stats. 1965, Ch. 1151.)
  39. 817.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

    Verify source ↗

    A witness may consider certain lease terms when forming an opinion about property value, but in some eminent domain cases a lease signed after lis pendens cannot be used.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 817. (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the rent reserved and other terms and circumstances of any lease which included the property or property interest being valued or any part thereof which was in effect within a reasonable time before or after the date of valuation, except that in an eminent domain proceeding where the lease includes only the property or property interest being taken or a part thereof, such lease may not be taken into account in the determination of the value of property if it is entered into after the filing of the lis pendens. (b) A witness may take into account a lease providing for a rental fixed by a percentage or other measurable portion of gross sales or gross income from a business conducted on the leased property only for the purpose of arriving at an opinion as to the reasonable net rental value attributable to the property or property interest being valued as provided in Section 819 or determining the value of a leasehold interest. (Amended by Stats. 1978, Ch. 294.)
  40. 818.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    A witness may consider comparable lease terms and rent when giving an opinion about certain property or leasehold values, if the lease was made in good faith and close enough in time to the valuation date.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 818. For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued as provided in Section 819 or determining the value of a leasehold interest, a witness may take into account as a basis for his opinion the rent reserved and other terms and circumstances of any lease of comparable property if the lease was freely made in good faith within a reasonable time before or after the date of valuation. (Added by Stats. 1965, Ch. 1151.)
  41. 819.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    A witness may rely on the capitalized value of reasonable net rental value of the land and existing improvements when that is relevant to valuing property.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 819. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the reasonable net rental value attributable to the land and existing improvements thereon (as distinguished from the capitalized value of the income or profits attributable to the business conducted thereon). (Added by Stats. 1965, Ch. 1151.)
  42. 820.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

    Verify source ↗

    A witness may consider certain valuation factors when relevant to deciding property value.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 820. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or property interest being valued as indicated by the value of the land together with the cost of replacing or reproducing the existing improvements thereon, if the improvements enhance the value of the property or property interest for its highest and best use, less whatever depreciation or obsolescence the improvements have suffered. (Added by Stats. 1965, Ch. 1151.)
  43. 821.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    A witness may consider nearby property improvements and existing uses when that is relevant to valuing property.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 821. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements on properties in the general vicinity of the property or property interest being valued and the character of the existing uses being made of such properties. (Added by Stats. 1965, Ch. 1151.)
  44. 822.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    This section excludes several kinds of evidence from being used to support a property value opinion in eminent domain, inverse condemnation, and other property-valuation actions, with a limited exception for water-system valuation and some admissions.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 822. (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is inadmissible as evidence and shall not be taken into account as a basis for an opinion as to the value of property: (1) The price or other terms and circumstances of an acquisition of property or a property interest if the acquisition was for a public use for which the property could have been taken by eminent domain. The price or other terms and circumstances shall not be excluded pursuant to this paragraph if the proceeding relates to the valuation of all or part of a water system as defined in Section 240 of the Public Utilities Code. (2) The price at which an offer or option to purchase or lease the property or property interest being valued or any other property was made, or the price at which the property or interest was optioned, offered, or listed for sale or lease, except that an option, offer, or listing may be introduced by a party as an admission of another party to the proceeding; but nothing in this subdivision permits an admission to be used as direct evidence upon any matter that may be shown only by opinion evidence under Section 813. (3) The value of any property or property interest as assessed for taxation purposes or the amount of taxes which may be due on the property, but nothing in this subdivision prohibits the consideration of actual or estimated taxes for the purpose of determining the reasonable net rental value attributable to the property or property interest being valued. (4) An opinion as to the value of any property or property interest other than that being valued. (5) The influence upon the value of the property or property interest being valued of any noncompensable items of value, damage, or injury. (6) The capitalized value of the income or rental from any property or property interest other than that being valued. (b) In an action other than an eminent domain or inverse condemnation proceeding, the matters listed in subdivision (a) are not admissible as evidence, and may not be taken into account as a basis for an opinion as to the value of property, except to the extent permitted under the rules of law otherwise applicable. (Amended by Stats. 2000, Ch. 948, Sec. 1. Effective January 1, 2001.)
  45. 823.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    If there is no relevant, comparable market for property, value may be determined by any just and equitable valuation method.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 823. Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any method of valuation that is just and equitable. (Amended by Stats. 1992, Ch. 7, Sec. 4. Effective January 1, 1993.)
  46. 824.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. )

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    For certain nonprofit, special use property with no relevant comparable market, a witness must value improvements by reproduction cost without depreciation or obsolescence, and a separate method applies to land and preparation costs.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Evidence of Market Value of Property [810 - 824] ( Heading of Article 2 amended by Stats. 1978, Ch. 294. ) ## 824. (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, for which there is no relevant, comparable market, is the cost of purchasing land and the reasonable cost of making it suitable for the conduct of the same nonprofit, special use, together with the cost of constructing similar improvements. The method for determining compensation for improvements shall be as set forth in subdivision (b). (b) Notwithstanding any other provision of this article, a witness providing opinion testimony on the value of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, for which there is no relevant, comparable market, shall base his or her opinion on the value of reproducing the improvements without taking into consideration any depreciation or obsolescence of the improvements. (c) This section does not apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rights-of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner’s present or proposed use. (Added by Stats. 1992, Ch. 7, Sec. 5. Effective January 1, 1993.)
  47. 870.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Opinion Testimony on Particular Subjects [870- 870.] ( Heading of Article 3 renumbered from Article 2 by Stats. 1965, Ch. 1151. )

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    A witness may give an opinion about a person’s sanity if one of the listed conditions is met.

    ## Evidence Code - EVID ## DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE [800 - 870] ( Division 7 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Expert and Other Opinion Testimony [800 - 870] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Opinion Testimony on Particular Subjects [870- 870.] ( Heading of Article 3 renumbered from Article 2 by Stats. 1965, Ch. 1151. ) ## 870. A witness may state his opinion as to the sanity of a person when: (a) The witness is an intimate acquaintance of the person whose sanity is in question; (b) The witness was a subscribing witness to a writing, the validity of which is in dispute, signed by the person whose sanity is in question and the opinion relates to the sanity of such person at the time the writing was signed; or (c) The witness is qualified under Section 800 or 801 to testify in the form of an opinion. (Enacted by Stats. 1965, Ch. 299.)
  48. 9.

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

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    In this section, words in the masculine gender are read to include the feminine and neuter.

    ## Evidence Code - EVID ## DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) ## 9. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1965, Ch. 299.)
  49. 900.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    These chapter definitions apply when reading this division, unless the provision or context requires otherwise.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 900. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. They do not govern the construction of any other division. (Enacted by Stats. 1965, Ch. 299.)
  50. 901.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “proceeding” to include certain actions, hearings, investigations, inquests, or inquiries where testimony can be compelled by law.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 901. “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given. (Enacted by Stats. 1965, Ch. 299.)
  51. 902.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    “Civil proceeding” means any proceeding except a criminal proceeding.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 902. “Civil proceeding” means any proceeding except a criminal proceeding. (Enacted by Stats. 1965, Ch. 299.)
  52. 903.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines “criminal proceeding” to include a criminal action and a specified proceeding about removing a public officer for willful or corrupt misconduct.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 903. “Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code to determine whether a public officer should be removed from office for willful or corrupt misconduct in office. (Enacted by Stats. 1965, Ch. 299.)
  53. 905.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. )

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    This section defines “presiding officer” as the person authorized to rule on a privilege claim in the proceeding.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 1. Definitions [900 - 905] ( Chapter 1 enacted by Stats. 1965, Ch. 299. ) ## 905. “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made. (Enacted by Stats. 1965, Ch. 299.)
  54. 910.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Applicability of Division [910- 910.] ( Chapter 2 enacted by Stats. 1965, Ch. 299. )

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    This section says the division applies in all proceedings unless another statute provides otherwise.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 2. Applicability of Division [910- 910.] ( Chapter 2 enacted by Stats. 1965, Ch. 299. ) ## 910. Except as otherwise provided by statute, the provisions of this division apply in all proceedings. The provisions of any statute making rules of evidence inapplicable in particular proceedings, or limiting the applicability of rules of evidence in particular proceedings, do not make this division inapplicable to such proceedings. (Enacted by Stats. 1965, Ch. 299.)
  55. 911.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

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    Unless another statute says otherwise, no person may refuse to be a witness, refuse to disclose a matter, refuse to produce items, or claim a privilege that another person may not be a witness or disclose or produce.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 911. Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness. (b) No person has a privilege to refuse to disclose any matter or to refuse to produce any writing, object, or other thing. (c) No person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any writing, object, or other thing. (Enacted by Stats. 1965, Ch. 299.)
  56. 912.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

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    This section says privilege can be waived if a holder voluntarily discloses a significant part of the communication or consents to disclosure, but some disclosures do not count as waiver.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 912. (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 980 (privilege for confidential marital communications), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1033 (privilege of penitent), 1034 (privilege of clergy member), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege) is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to disclosure made by anyone. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceeding in which the holder has legal standing and the opportunity to claim the privilege. (b) Where two or more persons are joint holders of a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), a waiver of the right of a particular joint holder of the privilege to claim the privilege does not affect the right of another joint holder to claim the privilege. In the case of the privilege provided by Section 980 (privilege for confidential marital communications), a waiver of the right of one spouse to claim the privilege does not affect the right of the other spouse to claim the privilege. (c) A disclosure that is itself privileged is not a waiver of any privilege. (d) A disclosure in confidence of a communication that is protected by a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), when disclosure is reasonably necessary for the accomplishment of the purpose for which the lawyer, lawyer referral service, physician, psychotherapist, sexual assault counselor, domestic violence counselor, or human trafficking caseworker was consulted, is not a waiver of the privilege. (Amended by Stats. 2014, Ch. 913, Sec. 13. (AB 2747) Effective January 1, 2015.)
  57. 913.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If a privilege is exercised, the presiding officer and counsel may not comment on it, and the trier of fact may not draw adverse inferences or presumptions from it. On request, the court must instruct the jury accordingly.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 913. (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any matter, neither the presiding officer nor counsel may comment thereon, no presumption shall arise because of the exercise of the privilege, and the trier of fact may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding. (b) The court, at the request of a party who may be adversely affected because an unfavorable inference may be drawn by the jury because a privilege has been exercised, shall instruct the jury that no presumption arises because of the exercise of the privilege and that the jury may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding. (Enacted by Stats. 1965, Ch. 299.)
  58. 914.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The presiding officer must decide privilege claims like a court would. A person generally cannot be held in contempt for not disclosing privileged information unless they fail to obey a court order to disclose it.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 914. (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2 (commencing with Section 400) of Chapter 4 of Division 3. (b) No person may be held in contempt for failure to disclose information claimed to be privileged unless he has failed to comply with an order of a court that he disclose such information. This subdivision does not apply to any governmental agency that has constitutional contempt power, nor does it apply to hearings and investigations of the Industrial Accident Commission, nor does it impliedly repeal Chapter 4 (commencing with Section 9400) of Part 1 of Division 2 of Title 2 of the Government Code. If no other statutory procedure is applicable, the procedure prescribed by Section 1991 of the Code of Civil Procedure shall be followed in seeking an order of a court that the person disclose the information claimed to be privileged. (Enacted by Stats. 1965, Ch. 299.)
  59. 915.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A presiding officer generally may not require disclosure of privileged information to decide a privilege claim. In limited cases, a court may require in-chambers disclosure, and disclosed material may not be revealed again without consent if it is found privileged.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 915. (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work product under subdivision (a) of Section 2018.030 of the Code of Civil Procedure in order to rule on the claim of privilege; provided, however, that in any hearing conducted pursuant to subdivision (c) of Section 1524 of the Penal Code in which a claim of privilege is made and the court determines that there is no other feasible means to rule on the validity of the claim other than to require disclosure, the court shall proceed in accordance with subdivision (b). (b) When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter 4 (official information and identity of informer) or under Section 1060 (trade secret) or under subdivision (b) of Section 2018.030 of the Code of Civil Procedure (attorney work product) and is unable to do so without requiring disclosure of the information claimed to be privileged, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and any other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged, neither the judge nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers. (Amended by Stats. 2004, Ch. 182, Sec. 29. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  60. 916.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The presiding officer must exclude privileged information when the stated conditions are met, but must not exclude it if instructed by an authorized person or if no authorized privilege claimant exists.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 916. (a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if: (1) The person from whom the information is sought is not a person authorized to claim the privilege; and (2) There is no party to the proceeding who is a person authorized to claim the privilege. (b) The presiding officer may not exclude information under this section if: (1) He is otherwise instructed by a person authorized to permit disclosure; or (2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence. (Enacted by Stats. 1965, Ch. 299.)
  61. 917.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    If privilege is claimed for a confidential communication in one of the listed relationships, the communication is presumed confidential unless the opponent proves otherwise.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 917. (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client, lawyer referral service-client, physician-patient, psychotherapist-patient, clergy-penitent, marital or domestic partnership, sexual assault counselor-victim, domestic violence counselor-victim, or human trafficking caseworker-victim relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential. (b) A communication between persons in a relationship listed in subdivision (a) does not lose its privileged character for the sole reason that it is communicated by electronic means or because persons involved in the delivery, facilitation, or storage of electronic communication may have access to the content of the communication. (c) For purposes of this section, “electronic” has the same meaning provided in Section 1633.2 of the Civil Code. (Amended by Stats. 2016, Ch. 50, Sec. 33. (SB 1005) Effective January 1, 2017.)
  62. 918.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A party may challenge an error from a ruling that denies a privilege claim only if the party holds the privilege, with an exception for a spouse’s privilege claim under Section 970 or 971.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 918. A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on a ruling disallowing a claim of privilege by his spouse under Section 970 or 971. (Enacted by Stats. 1965, Ch. 299.)
  63. 919.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Privileged information cannot be used against the privilege holder in specified error scenarios, and a required disclosure in those circumstances is not treated as consent or waiver.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 919. (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if: (1) A person authorized to claim the privilege claimed it but nevertheless disclosure erroneously was required to be made; or (2) The presiding officer did not exclude the privileged information as required by Section 916. (b) If a person authorized to claim the privilege claimed it, whether in the same or a prior proceeding, but nevertheless disclosure erroneously was required by the presiding officer to be made, neither the failure to refuse to disclose nor the failure to seek review of the order of the presiding officer requiring disclosure indicates consent to the disclosure or constitutes a waiver and, under these circumstances, the disclosure is one made under coercion. (Amended by Stats. 1974, Ch. 227.)
  64. 920.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says this division does not repeal other privilege statutes by implication.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 3. General Provisions Relating to Privileges [911 - 920] ( Chapter 3 enacted by Stats. 1965, Ch. 299. ) ## 920. Nothing in this division shall be construed to repeal by implication any other statute relating to privileges. (Enacted by Stats. 1965, Ch. 299.)
  65. 930.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Privilege of Defendant in Criminal Case [930- 930.] ( Article 1 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A criminal defendant has a privilege not to be called as a witness and not to testify, to the extent that privilege exists under the U.S. or California Constitution.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 1. Privilege of Defendant in Criminal Case [930- 930.] ( Article 1 enacted by Stats. 1965, Ch. 299. ) ## 930. To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a privilege not to be called as a witness and not to testify. (Enacted by Stats. 1965, Ch. 299.)
  66. 940.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Privilege Against Self-Incrimination [940- 940.] ( Article 2 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A person may refuse to disclose information that could tend to incriminate him, to the extent that the privilege exists under the U.S. or California Constitution.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 2. Privilege Against Self-Incrimination [940- 940.] ( Article 2 enacted by Stats. 1965, Ch. 299. ) ## 940. To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend to incriminate him. (Enacted by Stats. 1965, Ch. 299.)
  67. 950.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “lawyer” for this article as a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 950. As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. (Enacted by Stats. 1965, Ch. 299.)
  68. 951.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “client” for the lawyer-client privilege article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 951. As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent. (Enacted by Stats. 1965, Ch. 299.)
  69. 952.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines “confidential communication between client and lawyer.”

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 952. As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship. (Amended by Stats. 2002, Ch. 72, Sec. 3. Effective January 1, 2003.)
  70. 953.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section defines who holds the lawyer-client privilege in different situations.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 953. As used in this article, “holder of the privilege” means: (a) The client, if the client has no guardian or conservator. (b) (1) A guardian or conservator of the client, if the client has a guardian or conservator, except as provided in paragraph (2). (2) If the guardian or conservator has an actual or apparent conflict of interest with the client, then the guardian or conservator does not hold the privilege. (c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code. (d) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence. (Amended by Stats. 2018, Ch. 475, Sec. 1. (AB 1290) Effective January 1, 2019.)
  71. 954.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The client has a privilege to refuse disclosure of a confidential lawyer-client communication and to stop someone else from disclosing it, subject to the article’s conditions.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 954. Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure. The relationship of attorney and client shall exist between a law corporation as defined in Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of the Business and Professions Code and the persons to whom it renders professional services, as well as between such persons and members of the State Bar employed by such corporation to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations and other groups and entities. (Amended by Stats. 1994, Ch. 1010, Sec. 104. Effective January 1, 1995.)
  72. 955.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A lawyer who received or made a privileged communication must claim the privilege when present at disclosure and authorized under Section 954(c).

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 955. The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 954. (Enacted by Stats. 1965, Ch. 299.)
  73. 956.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The lawyer-client privilege does not apply if the lawyer’s services were sought to help commit or plan a crime or fraud.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 956. (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud. (b) This exception to the privilege granted by this article shall not apply to legal services rendered in compliance with state and local laws on medicinal cannabis or adult-use cannabis, and confidential communications provided for the purpose of rendering those services are confidential communications between client and lawyer, as defined in Section 952, provided the lawyer also advises the client on conflicts with respect to federal law. (Amended by Stats. 2017, Ch. 530, Sec. 2. (AB 1159) Effective January 1, 2018.)
  74. 956.5.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The lawyer-client privilege does not apply if a lawyer reasonably believes disclosure is needed to prevent a criminal act likely to cause death or substantial bodily harm.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 956.5. There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual. (Amended by Stats. 2004, Ch. 183, Sec. 94. Effective January 1, 2005.)
  75. 957.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section says the lawyer-client privilege does not apply to certain communications tied to disputes among people claiming through a deceased client.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 957. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession, nonprobate transfer, or inter vivos transaction. (Amended by Stats. 2009, Ch. 8, Sec. 2. (AB 1163) Effective January 1, 2010.)
  76. 958.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Lawyer-client privilege does not apply to communications relevant to a breach of duty by the lawyer or the client arising from the lawyer-client relationship.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 958. There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship. (Enacted by Stats. 1965, Ch. 299.)
  77. 959.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section removes the lawyer-client privilege for certain communications about an attested document when the lawyer is an attesting witness.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 959. There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attesting witness, or concerning the execution or attestation of such a document. (Enacted by Stats. 1965, Ch. 299.)
  78. 960.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The lawyer-client privilege does not apply to certain communications about a deceased client’s intention regarding a deed, will, or similar writing affecting property.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 960. There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the client, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  79. 961.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article does not protect communications that are relevant to the validity of a deed, will, or other writing executed by a deceased client and affecting property interests.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 961. There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a client, now deceased, purporting to affect an interest in property. (Enacted by Stats. 1965, Ch. 299.)
  80. 962.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    Clients who consulted a lawyer about a common interest cannot claim this privilege against each other in a civil case over that communication.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3. Lawyer-Client Privilege [950 - 962] ( Article 3 enacted by Stats. 1965, Ch. 299. ) ## 962. Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a privilege under this article as to a communication made in the course of that relationship when such communication is offered in a civil proceeding between one of such clients (or his successor in interest) and another of such clients (or his successor in interest). (Enacted by Stats. 1965, Ch. 299.)
  81. 965.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. )

    Verify source ↗

    This section defines “client,” “confidential communication between client and lawyer referral service,” “holder of the privilege,” and “lawyer referral service.”

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. ) ## 965. For purposes of this article, the following terms have the following meanings: (a) “Client” means a person who, directly or through an authorized representative, consults a lawyer referral service for the purpose of retaining, or securing legal services or advice from, a lawyer in his or her professional capacity, and includes an incompetent who consults the lawyer referral service himself or herself or whose guardian or conservator consults the lawyer referral service on his or her behalf. (b) “Confidential communication between client and lawyer referral service” means information transmitted between a client and a lawyer referral service in the course of that relationship and in confidence by a means that, so far as the client is aware, does not disclose the information to third persons other than those who are present to further the interests of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer referral service is consulted. (c) “Holder of the privilege” means any of the following: (1) The client, if the client has no guardian or conservator. (2) A guardian or conservator of the client, if the client has a guardian or conservator. (3) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code. (4) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence. (d) “Lawyer referral service” means a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code or an enterprise reasonably believed by the client to be a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code. (Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
  82. 966.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. )

    Verify source ↗

    The client has a privilege to refuse to disclose, and to stop others from disclosing, confidential communications with a lawyer referral service, subject to the stated conditions and exceptions.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. ) ## 966. (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer referral service if the privilege is claimed by any of the following: (1) The holder of the privilege. (2) A person who is authorized to claim the privilege by the holder of the privilege. (3) The lawyer referral service or a staff person thereof, but the lawyer referral service or a staff person thereof may not claim the privilege if there is no holder of the privilege in existence or if the lawyer referral service or a staff person thereof is otherwise instructed by a person authorized to permit disclosure. (b) The relationship of lawyer referral service and client shall exist between a lawyer referral service, as defined in Section 965, and the persons to whom it renders services, as well as between such persons and anyone employed by the lawyer referral service to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities. (Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
  83. 967.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. )

    Verify source ↗

    A lawyer referral service must claim the privilege for a covered communication if disclosure is sought and the client has not consented.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. ) ## 967. A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the communication is sought to be disclosed and the client has not consented to the disclosure. (Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
  84. 968.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. )

    Verify source ↗

    This section removes the privilege for lawyer referral service communications in two situations: when the service was used to help commit or plan a crime or fraud, or when disclosure is reasonably believed necessary to prevent a likely criminal act causing death or substantial bodily harm.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 3.5. Lawyer Referral Service-Client Privilege [965 - 968] ( Article 3.5 added by Stats. 2013, Ch. 123, Sec. 2. ) ## 968. There is no privilege under this article if either of the following applies: (a) The services of the lawyer referral service were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud. (b) A staff person of the lawyer referral service who receives a confidential communication in processing a request for legal assistance reasonably believes that disclosure of the confidential communication is necessary to prevent a criminal act that the staff person of the lawyer referral service reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual. (Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)
  85. 970.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A married person has a privilege not to testify against a spouse in any proceeding, unless another statute provides otherwise.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 970. Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding. (Enacted by Stats. 1965, Ch. 299.)
  86. 971.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party, unless a statute provides otherwise or the spouse gives prior express consent.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 971. Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege under this section unless the party calling the spouse does so in good faith without knowledge of the marital relationship. (Enacted by Stats. 1965, Ch. 299.)
  87. 972.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A married person cannot use the spousal testimony privilege in several specified proceedings, and must disclose certain financial and employment information in some child-support-related cases.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 972. A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding to commit or otherwise place his or her spouse or his or her spouse’s property, or both, under the control of another because of the spouse’s alleged mental or physical condition. (c) A proceeding brought by or on behalf of a spouse to establish his or her competence. (d) A proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (e) A criminal proceeding in which one spouse is charged with: (1) A crime against the person or property of the other spouse or of a child, parent, relative, or cohabitant of either, whether committed before or during marriage. (2) A crime against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse, whether committed before or during marriage. (3) Bigamy. (4) A crime defined by Section 270 or 270a of the Penal Code. (f) A proceeding resulting from a criminal act which occurred prior to legal marriage of the spouses to each other regarding knowledge acquired prior to that marriage if prior to the legal marriage the witness spouse was aware that his or her spouse had been arrested for or had been formally charged with the crime or crimes about which the spouse is called to testify. (g) A proceeding brought against the spouse by a former spouse so long as the property and debts of the marriage have not been adjudicated, or in order to establish, modify, or enforce a child, family or spousal support obligation arising from the marriage to the former spouse; in a proceeding brought against a spouse by the other parent in order to establish, modify, or enforce a child support obligation for a child of a nonmarital relationship of the spouse; or in a proceeding brought against a spouse by the guardian of a child of that spouse in order to establish, modify, or enforce a child support obligation of the spouse. The married person does not have a privilege under this subdivision to refuse to provide information relating to the issues of income, expenses, assets, debts, and employment of either spouse, but may assert the privilege as otherwise provided in this article if other information is requested by the former spouse, guardian, or other parent of the child. Any person demanding the otherwise privileged information made available by this subdivision, who also has an obligation to support the child for whom an order to estabish, modify, or enforce child support is sought, waives his or her marital privilege to the same extent as the spouse as provided in this subdivision. (Amended by Stats. 1989, Ch. 1359, Sec. 9.7.)
  88. 973.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A married person generally has no privilege under this article to avoid testifying against a spouse in the listed proceedings.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 4. Privilege Not to Testify Against Spouse [970 - 973] ( Article 4 enacted by Stats. 1965, Ch. 299. ) ## 973. (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privilege under this article in the proceeding in which such testimony is given. (b) There is no privilege under this article in a civil proceeding brought or defended by a married person for the immediate benefit of his spouse or of himself and his spouse. (Enacted by Stats. 1965, Ch. 299.)
  89. 980.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    A spouse may claim a privilege to refuse to disclose, and stop others from disclosing, a confidential marital or domestic partnership communication made in confidence while the spouses were together, subject to Section 912 and other article exceptions.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 980. Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian or conservator), whether or not a party, has a privilege during the marital or domestic partnership relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he or she claims the privilege and the communication was made in confidence between him or her and the other spouse while they were spouses. (Amended by Stats. 2016, Ch. 50, Sec. 34. (SB 1005) Effective January 1, 2017.)
  90. 981.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article does not protect a communication if it was made to help or plan a crime or fraud.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 981. There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud. (Enacted by Stats. 1965, Ch. 299.)
  91. 982.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    The marital-communications privilege does not apply in a proceeding to commit a spouse or put a spouse or the spouse’s property under another person’s control because of alleged mental or physical condition.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 982. There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition. (Enacted by Stats. 1965, Ch. 299.)
  92. 983.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article does not create a privilege in a proceeding brought by or on behalf of either spouse to establish his competence.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 983. There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence. (Enacted by Stats. 1965, Ch. 299.)
  93. 984.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article does not create a privilege for certain spouse-related proceedings.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 984. There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction. (Enacted by Stats. 1965, Ch. 299.)
  94. 985.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This section removes the marital communications privilege in certain criminal proceedings against one spouse.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 985. There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or property of the other spouse or of a child of either. (b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse. (c) Bigamy. (d) A crime defined by Section 270 or 270a of the Penal Code. (Amended by Stats. 1975, Ch. 71.)
  95. 986.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article’s privilege does not apply in a juvenile court law proceeding.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 986. There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (Amended by Stats. 1982, Ch. 256, Sec. 2.)
  96. 987.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. )

    Verify source ↗

    This article’s marital-communications privilege does not apply in a criminal proceeding when a defendant spouse offers the communication as evidence.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 5. Privilege for Confidential Marital Communications [980 - 987] ( Article 5 enacted by Stats. 1965, Ch. 299. ) ## 987. There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made. (Enacted by Stats. 1965, Ch. 299.)
  97. 990.

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

    Verify source ↗

    This section defines “physician” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 990. As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation. (Enacted by Stats. 1965, Ch. 299.)
  98. 991.

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

    Verify source ↗

    This section defines “patient” for this article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 991. As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition. (Enacted by Stats. 1965, Ch. 299.)
  99. 992.

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

    Verify source ↗

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

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 992. As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the patient, transmitted between a patient and his physician in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the physician is consulted, and includes a diagnosis made and the advice given by the physician in the course of that relationship. (Amended by Stats. 1967, Ch. 650.)
  100. 993.

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

    Verify source ↗

    This section defines who counts as the “holder of the privilege” in the physician-patient privilege article.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 993. As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient when the patient has a guardian or conservator. (c) The personal representative of the patient if the patient is dead. (Enacted by Stats. 1965, Ch. 299.)
  101. 994.

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

    Verify source ↗

    The patient has a privilege to refuse disclosure and to stop others from disclosing a confidential patient-physician communication, subject to Section 912 and other article exceptions.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 994. Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the physician at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. The relationship of a physician and patient shall exist between a medical or podiatry corporation as defined in the Medical Practice Act and the patient to whom it renders professional services, as well as between such patients and licensed physicians and surgeons employed by such corporation to render services to such patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities. (Amended by Stats. 1994, Ch. 1010, Sec. 105. Effective January 1, 1995.)
  102. 995.

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

    Verify source ↗

    A physician who received or made a privileged communication must claim the privilege when present while disclosure is sought, if authorized under Section 994(c).

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 995. The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 994. (Enacted by Stats. 1965, Ch. 299.)
  103. 996.

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

    Verify source ↗

    The physician-patient privilege does not apply to communications about the patient’s condition when that issue is raised by specified parties.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 996. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by: (a) The patient; (b) Any party claiming through or under the patient; (c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or (d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient. (Enacted by Stats. 1965, Ch. 299.)
  104. 997.

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

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    No physician-patient privilege applies when the physician’s services were sought or obtained to help commit or plan a crime or tort, or to help someone escape detection or apprehension after such an act.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 997. There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort. (Enacted by Stats. 1965, Ch. 299.)
  105. 998.

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

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    This section says the physician-patient privilege does not apply in criminal proceedings.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 998. There is no privilege under this article in a criminal proceeding. (Enacted by Stats. 1965, Ch. 299.)
  106. 999.

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

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    The physician-patient privilege does not apply to a communication about the patient’s condition in a damages case about the patient’s conduct if good cause for disclosure is shown.

    ## Evidence Code - EVID ## DIVISION 8. PRIVILEGES [900 - 1070] ( Division 8 enacted by Stats. 1965, Ch. 299. ) ## CHAPTER 4. Particular Privileges [930 - 1063] ( Chapter 4 enacted by Stats. 1965, Ch. 299. ) ## ARTICLE 6. Physician-Patient Privilege [990 - 1007] ( Article 6 enacted by Stats. 1965, Ch. 299. ) ## 999. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient if good cause for disclosure of the communication is shown. (Amended by Stats. 1975, Ch. 318.)

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