Evidence Code - EVID - EVID § 1523

Summary

(a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing. (b) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writin

Text

(a)
Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing.
(b)
Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writing and the original is lost or has been destroyed without fraudulent intent on the part of the proponent of the evidence.
(c)
Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of the original or a copy of the writing and either of the following conditions is satisfied:
(1)
Neither the writing nor a copy of the writing was reasonably procurable by the proponent by use of the court’s process or by other available means.
(2)
The writing is not closely related to the controlling issues and it would be inexpedient to require its production.
(d)
Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the writing consists of numerous accounts or other writings that cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.

Retrieval chunks

• #1 | Evidence Code - EVID - EVID § 1523

  (a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing. (b) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writing and the original is lost or has be…