California Code — code.evidence.code.evid
Browse 506 sections in division code.evidence.code.evid of the California code. Each section page includes the full statutory text, official source links, and citation guidance.
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- § 1. This code shall be known as the Evidence Code.
- § 4. Unless the provision or context otherwise requires, these preliminary provisions
- § 5. Division, chapter, article, and section headings do not in any manner affect the
- § 8. The present tense includes the past and future tenses; and the future, the presen
- § 11.
- § 105.
- § 120.
- § 125.
- § 145.
- § 160.
- § 180.
- § 185.
- § 195.
- § 601. A presumption is either conclusive or rebuttable. Every rebuttable presumption is
- § 602. A statute providing that a fact or group of facts is prima facie evidence of anot
- § 606. The effect of a presumption affecting the burden of proof is to impose upon the p
- § 623. Whenever a party has, by his own statement or conduct, intentionally and delibera
- § 631. Money delivered by one to another is presumed to have been due to the latter.
- § 635. An obligation possessed by the creditor is presumed not to have been paid.
- § 637. The things which a person possesses are presumed to be owned by him.
- § 640. A writing is presumed to have been truly dated.
- § 644. A book, purporting to be printed or published by public authority, is presumed to
- § 645.1. Printed materials, purporting to be a particular newspaper or periodical, are pre
- § 662. The owner of the legal title to property is presumed to be the owner of the full
- § 215.
- § 225.
- § 240. Except as otherwise provided in subdivision (b),
- § 260.
- § 320. Except as otherwise provided by law, the court in its discretion shall regulate t
- § 350. No evidence is admissible except relevant evidence.
- § 352. The court in its discretion may exclude evidence if its probative value is substa
- § 352.2. In any criminal proceeding where a party seeks to admit as evidence a form of cre
- § 355. When evidence is admissible as to one party or for one purpose and is inadmissibl
- § 205.
- § 400. As used in this article,
- § 406. This article does not limit the right of a party to introduce before the trier of
- § 410. As used in this chapter,
- § 450. Judicial notice may not be taken of any matter unless authorized or required by l
- § 456. If the trial court denies a request to take judicial notice of any matter, the co
- § 457. If a matter judicially noticed is a matter which would otherwise have been for de
- § 500. Except as otherwise provided by law, a party has the burden of proof as to each f
- § 520. The party claiming that a person is guilty of crime or wrongdoing has the burden
- § 522. The party claiming that any person, including himself, is or was insane has the b
- § 669.5. Any ordinance enacted by the governing body of a city, county, or city and county
- § 700. Except as otherwise provided by statute, every person, irrespective of age, is qu
- § 702. Subject to Section 801, the testimony of a witness concerning a particular matter
- § 711. At the trial of an action, a witness can be heard only in the presence and subjec
- § 663. A ceremonial marriage is presumed to be valid.
- § 665. A person is presumed to intend the ordinary consequences of his voluntary act. Th
- § 722. The fact of the appointment of an expert witness by the court may be revealed to
- § 732. Any expert appointed by the court under Section 730 may be called and examined by
- § 754. As used in this section,
- § 754.5. Whenever an otherwise valid privilege exists between an individual who is deaf or
- § 795. The testimony of a witness is not inadmissible in a criminal proceeding by reason
- § 802. A witness testifying in the form of an opinion may state on direct examination th
- § 805. Testimony in the form of an opinion that is otherwise admissible is not objection
- § 812. This article is not intended to alter or change the existing substantive law, whe
- § 789. Evidence of his religious belief or lack thereof is inadmissible to attack or sup
- § 764.
- § 766. A witness must give responsive answers to questions, and answers that are not res
- § 773. A witness examined by one party may be cross-examined upon any matter within the
- § 776. A party to the record of any civil action, or a person identified with such a par
- § 778. After a witness has been excused from giving further testimony in the action, he
- § 782. In any of the circumstances described in subdivision (c), if evidence of sexual c
- § 785. The credibility of a witness may be attacked or supported by any party, including
- § 786. Evidence of traits of his character other than honesty or veracity, or their oppo
- § 756. To the extent required by other state or federal laws, the Judicial Council shall
- § 760.
- § 761.
- § 818. For the purpose of determining the capitalized value of the reasonable net rental
- § 822. In an eminent domain or inverse condemnation proceeding, notwithstanding the prov
- § 823. Notwithstanding any other provision of this article, the value of property for wh
- § 902.
- § 905.
- § 912. Except as otherwise provided in this section, the right of any person to claim a
- § 918. A party may predicate error on a ruling disallowing a claim of privilege only if
- § 920. Nothing in this division shall be construed to repeal by implication any other st
- § 930. To the extent that such privilege exists under the Constitution of the United Sta
- § 950. As used in this article,
- § 956.5. There is no privilege under this article if the lawyer reasonably believes that d
- § 955. The lawyer who received or made a communication subject to the privilege under th
- § 960. There is no privilege under this article as to a communication relevant to an iss
- § 965. For purposes of this article, the following terms have the following meanings: (a
- § 967. A lawyer referral service that has received or made a communication subject to th
- § 972. A married person does not have a privilege under this article in: (a) A proceedin
- § 981. There is no privilege under this article if the communication was made, in whole
- § 982. There is no privilege under this article in a proceeding to commit either spouse
- § 986. There is no privilege under this article in a proceeding under the Juvenile Court
- § 1030. As used in this article, a
- § 1024. There is no privilege under this article if the psychotherapist has reasonable ca
- § 1033. Subject to Section 912, a penitent, whether or not a party, has a privilege to re
- § 1035.2. As used in this article,
- § 1035.4. As used in this article,
- § 1036. The sexual assault counselor who received or made a communication subject to the
- § 1037. As used in this article,
- § 1037.1.
- § 1037.2. As used in this article,
- § 1037.6. The domestic violence counselor who received or made a communication subject to t
- § 1037.8. A domestic violence counselor shall inform a domestic violence victim of any appl
- § 1044. Nothing in this article shall be construed to affect the right of access to recor
- § 1045. This article does not affect the right of access to records of complaints, or inv
- § 1038.2. As used in this article, the following terms have the following meanings: (a)
- § 1038.3. Nothing in this article shall be construed as limiting any obligation to report i
- § 1041. Except as provided in this section, a public entity has a privilege to refuse to
- § 1042. Except where disclosure is forbidden by an act of the Congress of the United Stat
- § 1043. In any case in which discovery or disclosure is sought of peace or custodial offi
- § 1050. If he claims the privilege, a person has a privilege to refuse to disclose the te
- § 1061. For purposes of this section, and Sections 1062 and 1063: (1)
- § 1062. Notwithstanding any other provision of law, in a criminal case, the court, upon m
- § 1063. The following provisions shall govern requests to seal articles which are protect
- § 1100. Except as otherwise provided by statute, any otherwise admissible evidence (inclu
- § 1103. In a criminal action, evidence of the character or a trait of character (in the f
- § 1104. Except as provided in Sections 1102 and 1103, evidence of a trait of a person
- § 1106. In any civil action alleging conduct which constitutes sexual harassment, sexual
- § 997. There is no privilege under this article if the services of the physician were so
- § 993. As used in this article,
- § 1001. There is no privilege under this article as to a communication relevant to an iss
- § 1004. There is no privilege under this article in a proceeding to commit the patient or
- § 1010. As used in this article,
- § 1013. As used in this article,
- § 1018. There is no privilege under this article if the services of the psychotherapist w
- § 1020. There is no privilege under this article as to a communication relevant to an iss
- § 1108. In a criminal action in which the defendant is accused of a sexual offense, evide
- § 1109.
- § 1116. Nothing in this chapter expands or limits a court
- § 1121. Neither a mediator nor anyone else may submit to a court or other adjudicative bo
- § 1125. For purposes of confidentiality under this chapter, a mediation ends when any one
- § 1129. Except in the case of a class or representative action, an attorney representing
- § 1126. Anything said, any admission made, or any writing that is inadmissible, protected
- § 1151. When, after the occurrence of an event, remedial or precautionary measures are ta
- § 1152. Evidence that a person has, in compromise or from humanitarian motives, furnished
- § 1155. Evidence that a person was, at the time a harm was suffered by another, insured w
- § 1157. Neither the proceedings nor the records of organized committees of medical, medic
- § 1158. For purposes of this section,
- § 1159. No evidence pertaining to live animal experimentation, including, but not limited
- § 1200.
- § 1270. As used in this article,
- § 1281. Evidence of a writing made as a record of a birth, fetal death, death, or marriag
- § 1252. Evidence of a statement is inadmissible under this article if the statement was m
- § 1284. Evidence of a writing made by the public employee who is the official custodian o
- § 1300. Evidence of a final judgment adjudging a person guilty of a crime punishable as a
- § 1302. When the liability, obligation, or duty of a third person is in issue in a civil
- § 1313. Evidence of reputation among members of a family is not made inadmissible by the
- § 1320. Evidence of reputation in a community is not made inadmissible by the hearsay rul
- § 1205. Nothing in this division shall be construed to repeal by implication any other st
- § 1224. When the liability obligation, or duty of a party to a civil action is based in w
- § 1203.1. Section 1203 is not applicable if the hearsay statement is offered at a prelimina
- § 1228. Notwithstanding any other provision of law, for the purpose of establishing the e
- § 1231. Evidence of a prior statement made by a declarant is not made inadmissible by the
- § 1231.1. A statement is admissible pursuant to Section 1231 only if the proponent of the s
- § 1231.4. If evidence of a prior statement is introduced pursuant to this article, the jury
- § 1240. Evidence of a statement is not made inadmissible by the hearsay rule if the state
- § 1331. Evidence of a statement is not made inadmissible by the hearsay rule if the state
- § 1322. Evidence of reputation in a community is not made inadmissible by the hearsay rul
- § 1350. In a criminal proceeding charging a serious felony, evidence of a statement made
- § 1370. Evidence of a statement by a declarant is not made inadmissible by the hearsay ru
- § 1380. In a criminal proceeding charging a violation, or attempted violation, of Section
- § 1400. Authentication of a writing means (a) the introduction of evidence sufficient to
- § 1410. Nothing in this article shall be construed to limit the means by which a writing
- § 1411. Except as provided by statute, the testimony of a subscribing witness is not requ
- § 1413. A writing may be authenticated by anyone who saw the writing made or executed, in
- § 1418. The genuineness of writing, or the lack thereof, may be proved by a comparison ma
- § 1450. The presumptions established by this article are presumptions affecting the burde
- § 1453. A signature is presumed to be genuine and authorized if it purports to be the sig
- § 1530. A purported copy of a writing in the custody of a public entity, or of an entry i
- § 1531. For the purpose of evidence, whenever a copy of a writing is attested or certifie
- § 1550.1. Reproductions of files, records, writings, photographs, fingerprints or other ins
- § 1560. As used in this article: (1)
- § 9. The masculine gender includes the feminine and neuter.
- § 10. The singular number includes the plural; and the plural, the singular.
- § 100. Unless the provision or context otherwise requires, these definitions govern the
- § 110.
- § 1563. This article does not require tender or payment of more than one witness fee and
- § 1565. If more than one subpoena duces tecum is served upon the custodian of records or
- § 1566. This article applies in any proceeding in which testimony can be compelled.
- § 2. The rule of the common law, that statutes in derogation thereof are to be strictl
- § 3. If any provision or clause of this code or application thereof to any person or c
- § 6. Whenever any reference is made to any portion of this code or of any other statut
- § 7. Unless otherwise expressly stated: (a)
- § 115.
- § 130.
- § 135.
- § 12. This code shall become operative on January 1, 1967, and shall govern proceedings
- § 140.
- § 150.
- § 210.
- § 220.
- § 230.
- § 235.
- § 165.
- § 170.
- § 175.
- § 177.
- § 190.
- § 200.
- § 250.
- § 255.
- § 300. Except as otherwise provided by statute, this code applies in every action before
- § 310. All questions of law (including but not limited to questions concerning the const
- § 311. If the law of an organization of nations, a foreign nation or a state other than
- § 405. With respect to preliminary fact determinations not governed by Section 403 or 40
- § 411. Except where additional evidence is required by statute, the direct evidence of o
- § 412. If weaker and less satisfactory evidence is offered when it was within the power
- § 413. In determining what inferences to draw from the evidence or facts in the case aga
- § 451. Judicial notice shall be taken of the following: (a) The decisional, constitution
- § 452. Judicial notice may be taken of the following matters to the extent that they are
- § 455. With respect to any matter specified in Section 452 or in subdivision (f) of Sect
- § 458. The failure or refusal of the trial court to take judicial notice of a matter, or
- § 459. The reviewing court shall take judicial notice of (1) each matter properly notice
- § 351.1. Notwithstanding any other provision of law, the results of a polygraph examinatio
- § 351.2. In a civil action for personal injury or wrongful death, evidence of a person
- § 312. Except as otherwise provided by law, where the trial is by jury: (a) All question
- § 351. Except as otherwise provided by statute, all relevant evidence is admissible.
- § 351.3. In a civil action not governed by Section 351.2, evidence of a person
- § 351.4. In a criminal action, evidence of a person
- § 352.1. In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of S
- § 353. A verdict or finding shall not be set aside, nor shall the judgment or decision b
- § 354. A verdict or finding shall not be set aside, nor shall the judgment or decision b
- § 356. Where part of an act, declaration, conversation, or writing is given in evidence
- § 401. As used in this article,
- § 402. When the existence of a preliminary fact is disputed, its existence or nonexisten
- § 501. Insofar as any statute, except Section 522, assigns the burden of proof in a crim
- § 502. The court on all proper occasions shall instruct the jury as to which party bears
- § 521. The party claiming that a person did not exercise a requisite degree of care has
- § 523. In any action where the state is a party, regardless of who is the moving party,
- § 460. Where the advice of persons learned in the subject matter is required in order to
- § 452.5. The official acts and records specified in subdivisions (c) and (d) of Section 45
- § 453. The trial court shall take judicial notice of any matter specified in Section 452
- § 454. In determining the propriety of taking judicial notice of a matter, or the tenor
- § 403. The proponent of the proffered evidence has the burden of producing evidence as t
- § 404. Whenever the proffered evidence is claimed to be privileged under Section 940, th
- § 524. Notwithstanding any other provision of law, in a civil proceeding to which the St
- § 550. The burden of producing evidence as to a particular fact is on the party against
- § 603. A presumption affecting the burden of producing evidence is a presumption establi
- § 604. The effect of a presumption affecting the burden of producing evidence is to requ
- § 605. A presumption affecting the burden of proof is a presumption established to imple
- § 600. A presumption is an assumption of fact that the law requires to be made from anot
- § 607. When a presumption affecting the burden of proof operates in a criminal action to
- § 620. The presumptions established by this article, and all other presumptions declared
- § 622. The facts recited in a written instrument are conclusively presumed to be true as
- § 624. A tenant is not permitted to deny the title of his landlord at the time of the co
- § 630. The presumptions established by this article, and all other rebuttable presumptio
- § 632. A thing delivered by one to another is presumed to have belonged to the latter.
- § 633. An obligation delivered up to the debtor is presumed to have been paid.
- § 634. A person in possession of an order on himself for the payment of money, or delive
- § 636. The payment of earlier rent or installments is presumed from a receipt for later
- § 638. A person who exercises acts of ownership over property is presumed to be the owne
- § 639. A judgment, when not conclusive, is presumed to correctly determine or set forth
- § 641. A letter correctly addressed and properly mailed is presumed to have been receive
- § 642. A trustee or other person, whose duty it was to convey real property to a particu
- § 660. The presumptions established by this article, and all other rebuttable presumptio
- § 664. It is presumed that official duty has been regularly performed. This presumption
- § 666. Any court of this state or the United States, or any court of general jurisdictio
- § 667. A person not heard from in five years is presumed to be dead.
- § 668. An unlawful intent is presumed from the doing of an unlawful act. This presumptio
- § 669. The failure of a person to exercise due care is presumed if: (1) He violated a st
- § 669.1. A rule, policy, manual, or guideline of state or local government setting forth s
- § 643. A deed or will or other writing purporting to create, terminate, or affect an int
- § 645. A book, purporting to contain reports of cases adjudged in the tribunals of the s
- § 646. As used in this section,
- § 647. The return of a process server registered pursuant to Chapter 16 (commencing with
- § 670. In any dispute concerning payment by means of a check, a copy of the check produc
- § 701. A person is disqualified to be a witness if he or she is: (1) Incapable of expres
- § 703. Before the judge presiding at the trial of an action may be called to testify in
- § 769. In examining a witness concerning a statement or other conduct by him that is inc
- § 770. Unless the interests of justice otherwise require, extrinsic evidence of a statem
- § 771. Subject to subdivision (c), if a witness, either while testifying or prior theret
- § 774. A witness once examined cannot be reexamined as to the same matter without leave
- § 768. In examining a witness concerning a writing, it is not necessary to show, read, o
- § 751. An interpreter shall take an oath that he or she will make a true interpretation
- § 752. When a witness is incapable of understanding the English language or is incapable
- § 750. A person who serves as an interpreter or translator in any action is subject to a
- § 730. When it appears to the court, at any time before or during the trial of an action
- § 731.
- § 733. Nothing contained in this article shall be deemed or construed to prevent any par
- § 712. Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidenc
- § 720. A person is qualified to testify as an expert if he has special knowledge, skill,
- § 721. Subject to subdivision (b), a witness testifying as an expert may be cross-examin
- § 723. The court may, at any time before or during the trial of an action, limit the num
- § 753. When the written characters in a writing offered in evidence are incapable of bei
- § 755.5. During any medical examination, requested by an insurer or by the defendant, of a
- § 757. Pursuant to this chapter, other applicable law, and existing Judicial Council pol
- § 762.
- § 763.
- § 765. The court shall exercise reasonable control over the mode of interrogation of a w
- § 767. Except under special circumstances where the interests of justice otherwise requi
- § 703.5. No person presiding at any judicial or quasi-judicial proceeding, and no arbitrat
- § 704. Before a juror sworn and impaneled in the trial of an action may be called to tes
- § 710. Every witness before testifying shall take an oath or make an affirmation or decl
- § 791. Evidence of a statement previously made by a witness that is consistent with his
- § 800. If a witness is not testifying as an expert, his testimony in the form of an opin
- § 801. If a witness is testifying as an expert, his testimony in the form of an opinion
- § 790. Evidence of the good character of a witness is inadmissible to support his credib
- § 780. Except as otherwise provided by statute, the court or jury may consider in determ
- § 782.1. The possession of a condom is not admissible as evidence in the prosecution of a
- § 772. The examination of a witness shall proceed in the following phases: direct examin
- § 775. The court, on its own motion or on the motion of any party, may call witnesses an
- § 777. Subject to subdivisions (b) and (c), the court may exclude from the courtroom any
- § 783. In any civil action alleging conduct which constitutes sexual harassment, sexual
- § 787. Subject to Section 788, evidence of specific instances of his conduct relevant on