Evidence Code - EVID - EVID § 1231

Summary

Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the following: (a) The statement relates to acts or events relevant to a criminal prosecu

Text

Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the following:
(a)
The statement relates to acts or events relevant to a criminal prosecution under provisions of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 of the Penal Code).
(b)
A verbatim transcript, copy, or record of the statement exists. A record may include a statement preserved by means of an audio or video recording or equivalent technology.
(c)
The statement relates to acts or events within the personal knowledge of the declarant.
(d)
The statement was made under oath or affirmation in an affidavit; or was made at a deposition, preliminary hearing, grand jury hearing, or other proceeding in compliance with law, and was made under penalty of perjury.
(e)
The declarant died from other than natural causes.
(f)
The statement was made under circumstances that would indicate its trustworthiness and render the declarant’s statement particularly worthy of belief. For purposes of this subdivision, circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
(1)
Whether the statement was made in contemplation of a pending or anticipated criminal or civil matter, in which the declarant had an interest, other than as a witness.
(2)
Whether the declarant had a bias or motive for fabricating the statement, and the extent of any bias or motive.
(3)
Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section.
(4)
Whether the statement was a statement against the declarant’s interest.

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• #1 | Evidence Code - EVID - EVID § 1231

  Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the following: (a) The statement relates to acts or events relevant to a criminal prosecution under provisions of the Californ…