Ca_Law

statute | California

Evidence Code - EVID - EVID § 1238

  • UIDca_leginfo_codes:evid-1238
  • CitationEvidence Code - EVID - EVID § 1238
  • Court / bodyCalifornia Legislative Counsel
  • Decision dateN/A
  • CollectionPUBINFO_2025
  • SourceOriginal

Summary

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and: (a) The statement is an identification of a party or another as a person who participated in a crime

Text

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:
(a)
The statement is an identification of a party or another as a person who participated in a crime or other occurrence;
(b)
The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and
(c)
The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.

Retrieval chunks

  • #1 | Evidence Code - EVID - EVID § 1238

    Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and: (a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence; (b) The statem…