Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

CALIFORNIA EVIDENCE CODE

Last update: 2011-11-07


  • DIVISION 1. Preliminary Provisions and Construction. 1-12
  • DIVISION 2. Words and Phrases Defined. 100-260
  • DIVISION 3. General Provisions
    • CHAPTER 1. Applicability of Code. 300
    • CHAPTER 2. Province of Court and Jury. 310-312
    • CHAPTER 3. Order of Proof. 320
    • CHAPTER 4. Admitting and Excluding Evidence
      • Article 1. General Provisions. 350-356
      • Article 2. Preliminary Determinations on Admissibility of Evidence. 400-406
    • CHAPTER 5. Weight of Evidence Generally. 410-413
  • DIVISION 4. Judicial Notice. 450-460
  • DIVISION 5. Burden of Proof; Burden of Producing Evidence; Presumptions and Inferences
    • CHAPTER 1. Burden of Proof
      • Article 1. General. 500-502
      • Article 2. Burden of Proof on Specific Issues. 520-524
    • CHAPTER 2. Burden of Producing Evidence. 550
    • CHAPTER 3. Presumptions and Inferences
      • Article 1. General. 600-607
      • Article 2. Conclusive Presumptions. 620-624
      • Article 3. Presumptions Affecting the Burden of Producing Evidence. 630-647
      • Article 4. Presumptions Affecting the Burden of Proof. 660-670
  • DIVISION 6. Witnesses
    • CHAPTER 1. Competency. 700-704
    • CHAPTER 2. Oath and Confrontation. 710-712
    • CHAPTER 3. Expert Witnesses
      • Article 1. Expert Witnesses Generally. 720-723
      • Article 2. Appointment of Expert Witness by Court. 730-733
    • CHAPTER 4. Interpreters and Translators. 750-755.5
    • CHAPTER 5. Method and Scope of Examination
      • Article 1. Definitions. 760-764
      • Article 2. Examination of Witnesses. 765-778
    • CHAPTER 6. Credibility of Witnesses
      • Article 1. Credibility Generally. 780-783
      • Article 2. Attacking or Supporting Credibility. 785-791
    • CHAPTER 7. Hypnosis of Witnesses. 795
  • DIVISION 7. Opinion Testimony and Scientific Evidence
    • CHAPTER 1. Expert and other Opinion Testimony
      • Article 1. Expert and other Opinion Testimony Generally. 800-805
      • Article 2. Evidence of Market Value of Property. 810-824
      • Article 3. Opinion Testimony on Particular Subjects. 870
  • DIVISION 8. Privileges
    • CHAPTER 1. Definitions. 900-905
    • CHAPTER 2. Applicability of Division. 910
    • CHAPTER 3. General Provisions Relating to Privileges. 911-920
    • CHAPTER 4. Particular Privileges
      • Article 1. Privilege of Defendant in Criminal Case. 930
      • Article 2. Privilege Against Self-incrimination. 940
      • Article 3. Lawyer-client Privilege. 950-962
      • Article 4. Privilege Not to Testify Against Spouse. 970-973
      • Article 5. Privilege for Confidential Marital Communications. 980-987
      • Article 6. Physician-patient Privilege. 990-1007
      • Article 7. Psychotherapist-patient Privilege. 1010-1027
      • Article 8. Clergy Penitent Privileges. 1030-1034
      • Article 8.5. Sexual Assault Counselor-victim Privilege. 1035-1036.2
      • Article 8.7. Domestic Violence Counselor-victim Privilege. 1037-1037.8
      • Article 8.8. Human Trafficking Caseworker-victim Privilege. 1038-1038.2
      • Article 9. Official Information and Identity of Informer. 1040-1047
      • Article 10. Political Vote. 1050
      • Article 11. Trade Secret. 1060-1063
    • CHAPTER 5. Immunity of Newsman From Citation for Contempt. 1070
  • DIVISION 9. Evidence Affected or Excluded by Extrinsic Policies
    • CHAPTER 1. Evidence of Character, Habit, or Custom. 1100-1109
    • CHAPTER 2. Mediation. 1115-1128
    • CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies. 1150-1160
  • DIVISION 10. Hearsay Evidence
    • CHAPTER 1. General Provisions. 1200-1205
    • CHAPTER 2. Exceptions to the Hearsay Rule
      • Article 1. Confessions and Admissions. 1220-1228.1
      • Article 2. Declarations Against Interest. 1230
      • Article 2.5. Sworn Statements Regarding Gang-related Crimes 1231-1231.4
      • Article 3. Prior Statements of Witnesses. 1235-1238
      • Article 4. Spontaneous, Contemporaneous, and Dying Declarations 1240-1242
      • Article 5. Statements of Mental or Physical State. 1250-1253
      • Article 6. Statements Relating to Wills and to Claims Against Estates. 1260-1261
      • Article 7. Business Records. 1270-1272
      • Article 8. Official Records and other Official Writings. 1280-1284
      • Article 9. Former Testimony. 1290-1294
      • Article 10. Judgments. 1300-1302
      • Article 11. Family History. 1310-1316
      • Article 12. Reputation and Statements Concerning Community History, Property Interests, and Character. 1320-1324
      • Article 13. Dispositive Instruments and Ancient Writings. 1330-1331
      • Article 14. Commercial, Scientific, and Similar Publications. 1340-1341
      • Article 15. Declarant Unavailable as Witness. 1350
      • Article 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings. 1360
      • Article 17. Physical Abuse. 1370-1390
  • DIVISION 11. Writings
    • CHAPTER 1. Authentication and Proof of Writings
      • Article 1. Requirement of Authentication. 1400-1402
      • Article 2. Means of Authenticating and Proving Writings. 1410-1421
      • Article 3. Presumptions Affecting Acknowledged Writings and Official Writings. 1450-1454
    • CHAPTER 2. Secondary Evidence of Writings
      • Article 1. Proof of the Content of a Writing. 1520-1523
      • Article 2. Official Writings and Recorded Writings. 1530-1532
      • Article 3. Photographic Copies and Printed Representations of Writings. 1550-1553
      • Article 4. Production of Business Records. 1560-1567
    • CHAPTER 3. Official Writings Affecting Property. 1600-1605

DIVISION 1
Preliminary Provisions and Construction.

Section 1

This code shall be known as the Evidence Code.

Section 2

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to effecting its objects and promoting justice.

Section 3

If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

Section 4

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code.

Section 5

Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section 6

Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

Section 7

Unless otherwise expressly stated:

(a) "Division" means a division of this code.

(b) "Chapter" means a chapter of the division in which that term occurs.

(c) "Article" means an article of the chapter in which that term occurs.

(d) "Section" means a section of this code.

(e) "Subdivision" means a subdivision of the section in which that term occurs.

(f) "Paragraph" means a paragraph of the subdivision in which that term occurs.

Section 8

The present tense includes the past and future tenses; and the future, the present.

Section 9

The masculine gender includes the feminine and neuter.

Section 10

The singular number includes the plural; and the plural, the singular.

Section 11

"Shall" is mandatory and "may" is permissive.

Section 12

(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date.

(b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision:

(1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code.

(2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial.

(c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966.

DIVISION 2
Words and Phrases Defined.

Section 100

Unless the provision or context otherwise requires, these definitions govern the construction of this code.