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Evidence Code - EVID - EVID § 404

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 404

Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court

Evidence Code - EVID - EVID § 405

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 405

With respect to preliminary fact determinations not governed by Section 403 or 404: (a) When the existence of a preliminary fact is disputed, the court shall indicate which party has the burden of producing evidence and the burden of proof on the issue as implied by the rule of l

Evidence Code - EVID - EVID § 406

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 406

This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility.

Evidence Code - EVID - EVID § 410

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 410

As used in this chapter, “direct evidence” means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.

Evidence Code - EVID - EVID § 411

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 411

Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact.

Evidence Code - EVID - EVID § 412

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 412

If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust.

Evidence Code - EVID - EVID § 413

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 413

In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party’s failure to explain or to deny by his testimony such evidence or facts in the case against him, or his willful suppression

Evidence Code - EVID - EVID § 450

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 450

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

Evidence Code - EVID - EVID § 451

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 451

Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution. (b) Any matter made

Evidence Code - EVID - EVID § 452

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 452

Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and

Evidence Code - EVID - EVID § 452.5

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 452.5

(a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court p

Evidence Code - EVID - EVID § 453

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 453

The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Fu

Evidence Code - EVID - EVID § 454

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 454

(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party. (2) Exclusionary ru

Evidence Code - EVID - EVID § 455

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 455

With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action: (a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the c

Evidence Code - EVID - EVID § 456

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 456

If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate for the record that it has denied the request.

Evidence Code - EVID - EVID § 457

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 457

If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct the jury to accept as a fact the matter so noticed.

Evidence Code - EVID - EVID § 458

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 458

The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure

Evidence Code - EVID - EVID § 459

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 459

(a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452.

Evidence Code - EVID - EVID § 460

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 460

Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own motion or on motion of any party may appoint one or more such persons to provide such advice. If the court determines to ap

Evidence Code - EVID - EVID § 5

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 5

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

Evidence Code - EVID - EVID § 500

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 500

Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.

Evidence Code - EVID - EVID § 501

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 501

Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such statute is subject to Penal Code Section 1096.

Evidence Code - EVID - EVID § 502

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 502

The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence o

Evidence Code - EVID - EVID § 520

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 520

The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue.

Evidence Code - EVID - EVID § 521

statute | California | California Legislative Counsel

Evidence Code - EVID - EVID § 521

The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue.