Corpus browser

Evidence Code - EVID - EVID § 1350

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1350

(a) In a criminal proceeding charging a serious felony, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness, and all of the following are true: (1) There is clear and convincing evidence that the de

Evidence Code - EVID - EVID § 1360

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1360

(a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the chil

Evidence Code - EVID - EVID § 1370

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1370

(a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of the following conditions are met: (1) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant. (2) The declarant is una

Evidence Code - EVID - EVID § 1380

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1380

(a) In a criminal proceeding charging a violation, or attempted violation, of Section 368 of the Penal Code, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness, as defined in subdivisions (a) and (

Evidence Code - EVID - EVID § 1390

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1390

(a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. (b) (1) The part

Evidence Code - EVID - EVID § 140

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 140

“Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Evidence Code - EVID - EVID § 1400

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1400

Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.

Evidence Code - EVID - EVID § 1401

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1401

(a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its content may be received in evidence.

Evidence Code - EVID - EVID § 1402

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1402

The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the alteration or appearance thereof. He may show that the alteration was made by another, withou

Evidence Code - EVID - EVID § 1410

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1410

Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved.

Evidence Code - EVID - EVID § 1410.5

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1410.5

(a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a particular meaning. (b) Any writing described in subdivision (a), or any photograph thereof, may be admitted into evidence i

Evidence Code - EVID - EVID § 1411

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1411

Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.

Evidence Code - EVID - EVID § 1412

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1412

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

Evidence Code - EVID - EVID § 1413

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1413

A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness.

Evidence Code - EVID - EVID § 1414

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1414

A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any time admitted its authenticity; or (b) The writing has been acted upon as authentic by the party against whom it is offered.

Evidence Code - EVID - EVID § 1415

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1415

A writing may be authenticated by evidence of the genuineness of the handwriting of the maker.

Evidence Code - EVID - EVID § 1416

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1416

A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the court finds that he has personal knowledge of the handwriting of the supposed writer. Such personal knowlegde may be acquired

Evidence Code - EVID - EVID § 1417

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1417

The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to th

Evidence Code - EVID - EVID § 1418

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1418

The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisf

Evidence Code - EVID - EVID § 1419

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1419

Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing purporting to be genuine, and generally respected and acted upon as such, by persons having an interest in knowing whether it is

Evidence Code - EVID - EVID § 1420

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1420

A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of the evidence to be the author of the writing.

Evidence Code - EVID - EVID § 1421

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1421

A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is claimed by the proponent of the evidence to be the author of the writing.

Evidence Code - EVID - EVID § 145

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 145

“The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.

Evidence Code - EVID - EVID § 1450

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1450

The presumptions established by this article are presumptions affecting the burden of producing evidence.

Evidence Code - EVID - EVID § 1451

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 1451

A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of such a writing, is prima facie evidence of the facts recited in the certificate and the genuineness of the signature of each person by whom the writing purports to have been signe