California Evidence Code – 2026

CHAPTER 1. Definitions

Rule 900 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. Rule 901 “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbi… Rule 902 “Civil proceeding” means any proceeding except a criminal proceeding. Rule 903 “Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division… Rule 905 “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made.

CHAPTER 1. Competency

Rule 700 Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to a… Rule 701 (a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be underst… Rule 702 (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Rule 703 (a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the… Rule 703.5 No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civi… Rule 704 (a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in pro…

DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION

Rule 1 This code shall be known as the Evidence Code. Rule 2 The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. Rule 3 If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other … Rule 4 Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code. Rule 5 Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. Rule 6 Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretof… Rule 7 Unless otherwise expressly stated: (a) “Division” means a division of this code. Rule 8 The present tense includes the past and future tenses; and the future, the present. Rule 9 The masculine gender includes the feminine and neuter. Rule 10 The singular number includes the plural; and the plural, the singular. Rule 11 “Shall” is mandatory and “may” is permissive. Rule 12 (a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided…

DIVISION 2. WORDS AND PHRASES DEFINED

Rule 100 Unless the provision or context otherwise requires, these definitions govern the construction of this code. Rule 105 “Action” includes a civil action and a criminal action. Rule 110 “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. Rule 115 “Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of … Rule 120 “Civil action” includes civil proceedings. Rule 125 “Conduct” includes all active and passive behavior, both verbal and nonverbal. Rule 130 “Criminal action” includes criminal proceedings. Rule 135 “Declarant” is a person who makes a statement. Rule 140 “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistenc… Rule 145 “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing. Rule 150 “Hearsay evidence” is defined in Section 1200. Rule 160 “Law” includes constitutional, statutory, and decisional law. Rule 165 “Oath” includes affirmation or declaration under penalty of perjury. Rule 170 “Perceive” means to acquire knowledge through one’s senses. Rule 175 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public en… Rule 177 “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially re… Rule 180 “Personal property” includes money, goods, chattels, things in action, and evidences of debt. Rule 185 “Property” includes both real and personal property. Rule 190 “Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. Rule 195 “Public employee” means an officer, agent, or employee of a public entity. Rule 200 “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision… Rule 205 “Real property” includes lands, tenements, and hereditaments. Rule 210 “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to… Rule 215 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. Rule 220 “State” means the State of California, unless applied to the different parts of the United States. Rule 225 “Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verba… Rule 230 “Statute” includes a treaty and a constitutional provision. Rule 235 “Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evid… Rule 240 (a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following: (1) Exempted or prec… Rule 250 “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every… Rule 255 “Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. Rule 260 A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlarge…

ARTICLE 1. Requirement of Authentication

Rule 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 ev… Rule 1401 (a) Authentication of a writing is required before it may be received in evidence. Rule 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 quest…

CHAPTER 1. General Provisions

Rule 1200 (a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove t… Rule 1201 A statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence of such statement is hearsay evid… Rule 1202 Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such declarant received in evidence as hearsay eviden… Rule 1203 (a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination co… Rule 1203.1 Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination, as provided in Section 872 of the Penal Code. Rule 1204 A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, eit… Rule 1205 Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence.

CHAPTER 1. Applicability of Code

Rule 300 Except as otherwise provided by statute, this code applies in every action before the Supreme Court or a court of appeal or superior court, including …

ARTICLE 1. General

Rule 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 … Rule 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. Rule 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 requ…

CHAPTER 1. Evidence of Character, Habit, or Custom

Rule 1100 Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and … Rule 1101 (a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a person’s character or a trait of his or her character… Rule 1102 In a criminal action, evidence of the defendant’s character or a trait of his character in the form of an opinion or evidence of his reputation is not… Rule 1103 (a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specifi… Rule 1104 Except as provided in Sections 1102 and 1103, evidence of a trait of a person’s character with respect to care or skill is inadmissible to prove the q… Rule 1105 Any otherwise admissible evidence of habit or custom is admissible to prove conduct on a specified occasion in conformity with the habit or custom. Rule 1106 (a) In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence… Rule 1107 (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects… Rule 1107.5 (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human … Rule 1108 (a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant’s commission of another sexual offense or of… Rule 1109 (a) (1) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving domestic violence…

ARTICLE 1. Expert and Other Opinion Testimony Generally

Rule 800 If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including b… Rule 801 If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is… Rule 801.1 (a) In a general civil case, as defined in Rule 1. Rule 802 A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of a… Rule 803 The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is n… Rule 804 (a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such… Rule 805 Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trie…

DIVISION 4. JUDICIAL NOTICE

Rule 450 Judicial notice may not be taken of any matter unless authorized or required by law. Rule 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 a… Rule 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,… Rule 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 speci… Rule 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 … Rule 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 a… Rule 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 th… Rule 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 … Rule 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,… Rule 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 t… Rule 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… Rule 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 i…

CHAPTER 2. Applicability of Division

Rule 910 Except as otherwise provided by statute, the provisions of this division apply in all proceedings.

CHAPTER 2. Oath and Confrontation

Rule 710 Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the ag… Rule 711 At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose… Rule 712 Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a reg…

CHAPTER 2. Mediation

Rule 1115 For purposes of this chapter: (a) “Mediation” means a process in which a neutral person or persons facilitate communication between the disputants to … Rule 1116 (a) Nothing in this chapter expands or limits a court’s authority to order participation in a dispute resolution proceeding. Rule 1117 (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115. Rule 1118 An oral agreement “in accordance with Section 1118” means an oral agreement that satisfies all of the following conditions: (a) The oral agreement is … Rule 1119 Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant… Rule 1120 (a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or pr… Rule 1121 Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any repo… Rule 1122 (a) A communication or a writing, as defined in Section 250, that is made or prepared for the purpose of, or in the course of, or pursuant to, a media… Rule 1123 A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made inadmissible, or protected from disclosure, by prov… Rule 1124 An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this… Rule 1125 (a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied: (1) The parties execut… Rule 1126 Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediat… Rule 1127 If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as defined in Section 250, and the court or other adjud… Rule 1128 Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of the trial for the purposes of Section 657 of the Cod… Rule 1129 (a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation…

ARTICLE 1. Confessions and Admissions

Rule 1220 Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either … Rule 1221 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledg… Rule 1222 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by a person authorized by … Rule 1223 Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if: (a) The statement was made by the declarant while par… Rule 1224 When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declar… Rule 1225 When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or inter… Rule 1226 Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Sect… Rule 1227 Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death … Rule 1228 Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of … Rule 1228.1 (a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the accepta…

ARTICLE 2. Means of Authenticating and Proving Writings

Rule 1410 Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved. Rule 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 con… Rule 1411 Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing. Rule 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 th… Rule 1413 A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness. Rule 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 writin… Rule 1415 A writing may be authenticated by evidence of the genuineness of the handwriting of the maker. Rule 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… Rule 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 find… Rule 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 ad… Rule 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… Rule 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 propo… Rule 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 …

ARTICLE 2. Evidence of Market Value of Property

Rule 810 (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of p… Rule 811 As used in this article, “value of property” means market value of any of the following: (a) Real property or any interest therein. Rule 812 This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market val… Rule 813 (a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses qualified to express such opinions. Rule 814 The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witne… Rule 815 When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and c… Rule 816 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and … Rule 817 (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion… Rule 818 For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued… Rule 819 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the r… Rule 820 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or p… Rule 821 When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements… Rule 822 (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is… Rule 823 Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any … Rule 824 (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as d…

ARTICLE 2. Burden of Proof on Specific Issues

Rule 520 The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. Rule 521 The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue. Rule 522 The party claiming that any person, including himself, is or was insane has the burden of proof on that issue. Rule 523 In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the s… Rule 524 (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the b…

CHAPTER 2. Province of Court and Jury

Rule 310 (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evid… Rule 311 If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other t… Rule 312 Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury.

CHAPTER 2. Burden of Producing Evidence

Rule 550 (a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of f…

CHAPTER 3. General Provisions Relating to Privileges

Rule 911 Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness. Rule 912 (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 … Rule 913 (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to dis… Rule 914 (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2… Rule 915 (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorn… Rule 916 (a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under th… Rule 917 (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-c… Rule 918 A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate … Rule 919 (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if: (1) A person authorize… Rule 920 Nothing in this division shall be construed to repeal by implication any other statute relating to privileges.

ARTICLE 2. Declarations Against Interest

Rule 1230 Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is una…

ARTICLE 1. Expert Witnesses Generally

Rule 720 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as … Rule 721 (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may … Rule 722 (a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fact. Rule 723 The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party.

CHAPTER 3. Order of Proof

Rule 320 Except as otherwise provided by law, the court in its discretion shall regulate the order of proof.

CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies

Rule 1150 (a) Upon an inquiry as to the validity of a verdict, any otherwise admissible evidence may be received as to statements made, or conduct, conditions, … Rule 1151 When, after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event … Rule 1152 (a) Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act,… Rule 1153 Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or to any other crime, made by the defendant in a c… Rule 1153.5 Evidence of an offer for civil resolution of a criminal matter pursuant to the provisions of Section 33 of the Code of Civil Procedure, or admissions … Rule 1154 Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act, or service in satisfaction of a claim, as… Rule 1155 Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm … Rule 1156 (a) In-hospital medical or medical-dental staff committees of a licensed hospital may engage in research and medical or dental study for the purpose o… Rule 1156.1 (a) A committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code may engage in research and medical or psych… Rule 1156.5 (a) Evidence that a person suffered or experienced excited delirium shall not be admitted in any civil action. Rule 1157 (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marria… Rule 1157.5 Except in actions involving a claim of a provider of health care services for payment for such services, the prohibition relating to discovery or test… Rule 1157.6 Neither the proceedings nor the records of a committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code havi… Rule 1157.7 The prohibition relating to discovery or testimony provided in Section 1157 shall be applicable to proceedings and records of any committee establishe… Rule 1158 (a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical … Rule 1159 (a) No evidence pertaining to live animal experimentation, including, but not limited to, injury, impact, or crash experimentation, shall be admissibl… Rule 1160 (a) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering,… Rule 1161 (a) Evidence that a victim of human trafficking, as defined in Section 236. Rule 1162 Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.

ARTICLE 3. Opinion Testimony on Particular Subjects

Rule 870 A witness may state his opinion as to the sanity of a person when: (a) The witness is an intimate acquaintance of the person whose sanity is in questi…

ARTICLE 3. Presumptions Affecting Acknowledged Writings and Official Writings

Rule 1450 The presumptions established by this article are presumptions affecting the burden of producing evidence. Rule 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 fa… Rule 1452 A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (a) The United States or a department, agency, or public emp… Rule 1453 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of: (a) A public employee o… Rule 1454 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of…

ARTICLE 2. Appointment of Expert Witness by Court

Rule 730 When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any p… Rule 731 (a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which… Rule 732 Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. Rule 733 Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fac…

ARTICLE 1. Privilege of Defendant in Criminal Case

Rule 930 To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a …

ARTICLE 1. General Provisions

Rule 350 No evidence is admissible except relevant evidence. Rule 351 Except as otherwise provided by statute, all relevant evidence is admissible. Rule 351.1 (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an of… Rule 351.2 (a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall … Rule 351.3 (a) In a civil action not governed by Section 351. Rule 351.4 (a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge… Rule 352 The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) nec… Rule 352.1 In any criminal proceeding under Section 261, 262, or 264. Rule 352.2 (a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value … Rule 353 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evi… Rule 354 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evi… Rule 355 When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request … Rule 356 Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by a…

ARTICLE 1. General

Rule 600 (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the … Rule 601 A presumption is either conclusive or rebuttable. Rule 602 A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption. Rule 603 A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the deter… Rule 604 The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact un… Rule 605 A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of… Rule 606 The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexiste… Rule 607 When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’…

ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes

Rule 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 intro… Rule 1231.1 A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes known to the adverse party the intention to offer the … Rule 1231.2 A peace officer may administer and certify oaths for purposes of this article. Rule 1231.3 Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall either have five years of law enforcement experience… Rule 1231.4 If evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural caus…

ARTICLE 1. Proof of the Content of a Writing

Rule 1520 The content of a writing may be proved by an otherwise admissible original. Rule 1521 (a) The content of a writing may be proved by otherwise admissible secondary evidence. Rule 1522 (a) In addition to the grounds for exclusion authorized by Section 1521, in a criminal action the court shall exclude secondary evidence of the conten… Rule 1523 (a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing.

ARTICLE 2. Official Writings and Recorded Writings

Rule 1530 (a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and co… Rule 1531 For the purpose of evidence, whenever a copy of a writing is attested or certified, the attestation or certificate must state in substance that the co… Rule 1532 (a) The official record of a writing is prima facie evidence of the existence and content of the original recorded writing if: (1) The record is in fa…

ARTICLE 3. Prior Statements of Witnesses

Rule 1235 Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hear… Rule 1236 Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at… Rule 1237 (a) 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 m… Rule 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 …

ARTICLE 2. Conclusive Presumptions

Rule 620 The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions. Rule 622 The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but th… Rule 623 Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon s… Rule 624 A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation.

ARTICLE 2. Preliminary Determinations on Admissibility of Evidence

Rule 400 As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of e… Rule 401 As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexis… Rule 402 (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article. Rule 403 (a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered eviden… Rule 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 pr… Rule 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 cour… Rule 406 This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility.

ARTICLE 2. Privilege Against Self-Incrimination

Rule 940 To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to…

CHAPTER 4. Interpreters and Translators

Rule 750 A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses. Rule 751 (a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and tha… Rule 752 (a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as t… Rule 753 (a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can deciph… Rule 754 (a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss so great as to prevent his or her und… Rule 754.5 Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived mer… Rule 755.5 (a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not profici… Rule 756 (a) To the extent required by other state or federal laws, the Judicial Council shall reimburse courts for court interpreter services provided in civi… Rule 757 Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing autho…

ARTICLE 1. Definitions

Rule 760 “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness. Rule 761 “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct exa… Rule 762 “Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness. Rule 763 “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness. Rule 764 A “leading question” is a question that suggests to the witness the answer that the examining party desires.

ARTICLE 3. Photographic Copies and Printed Representations of Writings

Rule 1550 (a) If made and preserved as a part of the records of a business, as defined in Section 1270, in the regular course of that business, the following ty… Rule 1550.1 Reproductions of files, records, writings, photographs, fingerprints or other instruments in the official custody of a criminal justice agency that we… Rule 1551 A print, whether enlarged or not, from a photographic film (including a photographic plate, microphotographic film, photostatic negative, or similar r… Rule 1552 (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or… Rule 1553 (a) A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to r…

ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations

Rule 1240 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Purports to narrate, describe, or explain an act, condition… Rule 1241 Evidence of a statement is not made inadmissible by the hearsay rule if the statement: (a) Is offered to explain, qualify, or make understandable cond… Rule 1242 Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the…

CHAPTER 5. Weight of Evidence Generally

Rule 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 tr… Rule 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 … Rule 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 … Rule 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…

ARTICLE 3. Lawyer-Client Privilege

ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence

Rule 630 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, a… Rule 631 Money delivered by one to another is presumed to have been due to the latter. Rule 632 A thing delivered by one to another is presumed to have belonged to the latter. Rule 633 An obligation delivered up to the debtor is presumed to have been paid. Rule 634 A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the th… Rule 635 An obligation possessed by the creditor is presumed not to have been paid. Rule 636 The payment of earlier rent or installments is presumed from a receipt for later rent or installments. Rule 637 The things which a person possesses are presumed to be owned by him. Rule 638 A person who exercises acts of ownership over property is presumed to be the owner of it. Rule 639 A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts… Rule 640 A writing is presumed to have been truly dated. Rule 641 A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. Rule 642 A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such pr… Rule 643 A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it:… Rule 644 A book, purporting to be printed or published by public authority, is presumed to have been so printed or published. Rule 645 A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain co… Rule 645.1 Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at avera… Rule 646 (a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates. Rule 647 The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code up…

ARTICLE 4. Presumptions Affecting the Burden of Proof

Rule 660 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, a… Rule 662 The owner of the legal title to property is presumed to be the owner of the full beneficial title. Rule 663 A ceremonial marriage is presumed to be valid. Rule 664 It is presumed that official duty has been regularly performed. Rule 665 A person is presumed to intend the ordinary consequences of his voluntary act. Rule 666 Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting … Rule 667 A person not heard from in five years is presumed to be dead. Rule 668 An unlawful intent is presumed from the doing of an unlawful act. Rule 669 (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The viola… Rule 669.1 A rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of… Rule 669.5 (a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that … Rule 670 (a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together…

ARTICLE 2. Examination of Witnesses

Rule 765 (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as … Rule 766 A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party. Rule 767 (a) Except under special circumstances where the interests of justice otherwise require: (1) A leading question may not be asked of a witness on direc… Rule 768 (a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. Rule 769 In examining a witness concerning a statement or other conduct by him that is inconsistent with any part of his testimony at the hearing, it is not ne… Rule 770 Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testi… Rule 771 (a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matte… Rule 772 (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examinati… Rule 773 (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action… Rule 774 A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon whic… Rule 775 The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party t… Rule 776 (a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by a… Rule 777 (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness c… Rule 778 After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court.

ARTICLE 5. Statements of Mental or Physical State

Rule 1250 (a) Subject to Section 1252, evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a state… Rule 1251 Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, pl… Rule 1252 Evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthine… Rule 1253 Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagno…

ARTICLE 4. Production of Business Records

Rule 1560 (a) As used in this article: (1) “Business” includes every kind of business described in Section 1270. Rule 1561 (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The… Rule 1562 If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stat… Rule 1563 (a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness’ busines… Rule 1564 The personal attendance of the custodian or other qualified witness and the production of the original records is not required unless, at the discreti… Rule 1565 If more than one subpoena duces tecum is served upon the custodian of records or other qualified witness and the personal attendance of the custodian … Rule 1566 This article applies in any proceeding in which testimony can be compelled. Rule 1567 A completed form described in Section 3664 of the Family Code for income and benefit information provided by the employer may be admissible in a proce…

ARTICLE 3.5. Lawyer Referral Service-Client Privilege

Rule 965 For purposes of this article, the following terms have the following meanings: (a) “Client” means a person who, directly or through an authorized repr… Rule 966 (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose… Rule 967 A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the commu… Rule 968 There is no privilege under this article if either of the following applies: (a) The services of the lawyer referral service were sought or obtained t…

ARTICLE 6. Statements Relating to Wills and to Claims Against Estates

Rule 1260 (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made… Rule 1261 (a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the de…

ARTICLE 4. Privilege Not to Testify Against Spouse

Rule 970 Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding. Rule 971 Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an … Rule 972 A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. Rule 973 (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his…

ARTICLE 1. Credibility Generally

Rule 780 Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency i… Rule 782 (a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credib… Rule 782.1 The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, or subdivision (a) or (b) of Section 647… Rule 783 In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, if evidence of sexual conduct of the plai…

CHAPTER 3. Official Writings Affecting Property

Rule 1600 (a) The record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence a… Rule 1601 (a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of the official record of any writing lost or destroye… Rule 1603 A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of reco… Rule 1604 A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, i… Rule 1605 Duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Me…

ARTICLE 5. Privilege for Confidential Marital Communications

Rule 980 Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian… Rule 981 There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a cri… Rule 982 There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of… Rule 983 There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence. Rule 984 There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. Rule 985 There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the p… Rule 986 There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2… Rule 987 There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the s…

ARTICLE 2. Attacking or Supporting Credibility

Rule 785 The credibility of a witness may be attacked or supported by any party, including the party calling him. Rule 786 Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witn… Rule 787 Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to at… Rule 788 For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he … Rule 789 Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness. Rule 790 Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the … Rule 791 Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility u…

ARTICLE 7. Business Records

Rule 1270 As used in this article, “a business” includes every kind of business, governmental activity, profession, occupation, calling, or operation of institu… Rule 1271 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, cond… Rule 1272 Evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rul…

ARTICLE 6. Physician-Patient Privilege

ARTICLE 8. Official Records and Other Official Writings

Rule 1280 Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or crimin… Rule 1281 Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was requi… Rule 1282 A written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons A… Rule 1283 An official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleague… Rule 1284 Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failur… Rule 1285 Within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the follow…

CHAPTER 7. Hypnosis of Witnesses

Rule 795 (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis f…

ARTICLE 7. Psychotherapist-Patient Privilege

ARTICLE 9. Former Testimony

Rule 1290 As used in this article, “former testimony” means testimony given under oath in: (a) Another action or in a former hearing or trial of the same action… Rule 1291 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and: (1) The former testimo… Rule 1292 (a) Evidence of former testimony is not made inadmissible by the hearsay rule if: (1) The declarant is unavailable as a witness; (2) The former testim… Rule 1293 (a) Evidence of former testimony made at a preliminary examination by a minor child who was the complaining witness is not made inadmissible by the he… Rule 1294 (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial…

ARTICLE 8. Clergy Penitent Privileges

Rule 1030 As used in this article, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a church or of a religio… Rule 1031 As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy. Rule 1032 As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penite… Rule 1033 Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitenti… Rule 1034 Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she…

ARTICLE 10. Judgments

Rule 1300 Evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made inadmissible by the hearsay rule when offered in … Rule 1301 Evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgment debtor to prove any fact which was essential to… Rule 1302 When the liability, obligation, or duty of a third person is in issue in a civil action, evidence of a final judgment against that person is not made …

ARTICLE 11. Family History

Rule 1310 (a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a … Rule 1311 (a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry,… Rule 1312 Evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones… Rule 1313 Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce,… Rule 1314 Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the t… Rule 1315 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or… Rule 1316 Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or…

ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege

Rule 1035 As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a… Rule 1035.2 As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or c… Rule 1035.4 As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the vi… Rule 1035.6 As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. Rule 1035.8 A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential co… Rule 1036 The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she i… Rule 1036.2 As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code.

ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege

Rule 1037 As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7. Rule 1037.1 (a) (1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as d… Rule 1037.2 (a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmi… Rule 1037.3 Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code. Rule 1037.4 As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guardian or conservator. Rule 1037.5 A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a … Rule 1037.6 The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenev… Rule 1037.7 As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code. Rule 1037.8 A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the v…

ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character

Rule 1320 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the commu… Rule 1321 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns the interest of the public in property i… Rule 1322 Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns boundaries of, or customs affecting, lan… Rule 1323 Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and … Rule 1324 Evidence of a person’s general reputation with reference to his character or a trait of his character at a relevant time in the community in which he …

ARTICLE 13. Dispositive Instruments and Ancient Writings

Rule 1330 Evidence of a statement contained in a deed of conveyance or a will or other writing purporting to affect an interest in real or personal property is … Rule 1331 Evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained in a writing more than 30 years old and the stateme…

ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege

Rule 1038 (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confi… Rule 1038.1 (a) The court may compel disclosure of information received by a human trafficking caseworker that constitutes relevant evidence of the facts and circ… Rule 1038.2 As used in this article, the following terms have the following meanings: (a) “Confidential communication” means all information, including, but not l… Rule 1038.3 Nothing in this article shall be construed as limiting any obligation to report instances of child abuse as required by Section 11166 of the Penal Cod…

ARTICLE 14. Commercial, Scientific, and Similar Publications

Rule 1340 Evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register, or other published compilation is not made inadm… Rule 1341 Historical works, books of science or art, and published maps or charts, made by persons indifferent between the parties, are not made inadmissible by…

ARTICLE 9. Official Information and Identity of Informer

Rule 1040 (a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and… Rule 1041 (a) Except as provided in this section, a public entity has a privilege to refuse to disclose the identity of a person who has furnished information a… Rule 1042 (a) Except where disclosure is forbidden by an act of the Congress of the United States, if a claim of privilege under this article by the state or a … Rule 1043 (a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 8… Rule 1044 Nothing in this article shall be construed to affect the right of access to records of medical or psychological history where such access would otherw… Rule 1045 (a) This article does not affect the right of access to records of complaints, or investigations of complaints, or discipline imposed as a result of … Rule 1046 In any case, otherwise authorized by law, in which the party seeking disclosure is alleging excessive force by a peace officer or custodial officer, a… Rule 1047 (a) Records of peace officers or custodial officers, as defined in Section 831.

ARTICLE 15. Declarant Unavailable as Witness

Rule 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 th…

ARTICLE 10. Political Vote

Rule 1050 If he claims the privilege, a person has a privilege to refuse to disclose the tenor of his vote at a public election where the voting is by secret ba…

ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings

Rule 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 o…

ARTICLE 11. Trade Secret

Rule 1060 If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to refuse to disclose the secret, and to prevent anot… Rule 1061 (a) For purposes of this section, and Sections 1062 and 1063: (1) “Trade secret” means “trade secret,” as defined in subdivision (d) of Section 3426.1… Rule 1062 (a) Notwithstanding any other provision of law, in a criminal case, the court, upon motion of the owner of a trade secret, or upon motion by the Peopl… Rule 1063 The following provisions shall govern requests to seal articles which are protected by a protective order entered pursuant to Evidence Code Section 10…

ARTICLE 17. Physical Abuse

Rule 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 … Rule 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 declara… Rule 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 ab…

CHAPTER 5. Immunity of Newsman From Citation for Contempt

Rule 1070 (a) A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a pre…

California Evidence Code – 2026

Jump to

CHAPTER 1. Definitions

CHAPTER 1. Competency

DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION

DIVISION 2. WORDS AND PHRASES DEFINED

ARTICLE 1. Requirement of Authentication

CHAPTER 1. General Provisions

CHAPTER 1. Applicability of Code

ARTICLE 1. General

CHAPTER 1. Evidence of Character, Habit, or Custom

ARTICLE 1. Expert and Other Opinion Testimony Generally

DIVISION 4. JUDICIAL NOTICE

CHAPTER 2. Applicability of Division

CHAPTER 2. Oath and Confrontation

CHAPTER 2. Mediation

ARTICLE 1. Confessions and Admissions

ARTICLE 2. Means of Authenticating and Proving Writings

ARTICLE 2. Evidence of Market Value of Property

ARTICLE 2. Burden of Proof on Specific Issues

CHAPTER 2. Province of Court and Jury

CHAPTER 2. Burden of Producing Evidence

CHAPTER 3. General Provisions Relating to Privileges

ARTICLE 2. Declarations Against Interest

ARTICLE 1. Expert Witnesses Generally

CHAPTER 3. Order of Proof

CHAPTER 3. Other Evidence Affected or Excluded by Extrinsic Policies

ARTICLE 3. Opinion Testimony on Particular Subjects

ARTICLE 3. Presumptions Affecting Acknowledged Writings and Official Writings

ARTICLE 2. Appointment of Expert Witness by Court

ARTICLE 1. Privilege of Defendant in Criminal Case

ARTICLE 1. General Provisions

ARTICLE 1. General

ARTICLE 2.5. Sworn Statements Regarding Gang-Related Crimes

ARTICLE 1. Proof of the Content of a Writing

ARTICLE 2. Official Writings and Recorded Writings

ARTICLE 3. Prior Statements of Witnesses

ARTICLE 2. Conclusive Presumptions

ARTICLE 2. Preliminary Determinations on Admissibility of Evidence

ARTICLE 2. Privilege Against Self-Incrimination

CHAPTER 4. Interpreters and Translators

ARTICLE 1. Definitions

ARTICLE 3. Photographic Copies and Printed Representations of Writings

ARTICLE 4. Spontaneous, Contemporaneous, and Dying Declarations

CHAPTER 5. Weight of Evidence Generally

ARTICLE 3. Lawyer-Client Privilege

ARTICLE 3. Presumptions Affecting the Burden of Producing Evidence

ARTICLE 4. Presumptions Affecting the Burden of Proof

ARTICLE 2. Examination of Witnesses

ARTICLE 5. Statements of Mental or Physical State

ARTICLE 4. Production of Business Records

ARTICLE 3.5. Lawyer Referral Service-Client Privilege

ARTICLE 6. Statements Relating to Wills and to Claims Against Estates

ARTICLE 4. Privilege Not to Testify Against Spouse

ARTICLE 1. Credibility Generally

CHAPTER 3. Official Writings Affecting Property

ARTICLE 5. Privilege for Confidential Marital Communications

ARTICLE 2. Attacking or Supporting Credibility

ARTICLE 7. Business Records

ARTICLE 6. Physician-Patient Privilege

ARTICLE 8. Official Records and Other Official Writings

CHAPTER 7. Hypnosis of Witnesses

ARTICLE 7. Psychotherapist-Patient Privilege

ARTICLE 9. Former Testimony

ARTICLE 8. Clergy Penitent Privileges

ARTICLE 10. Judgments

ARTICLE 11. Family History

ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege

ARTICLE 8.7. Domestic Violence Counselor-Victim Privilege

ARTICLE 12. Reputation and Statements Concerning Community History, Property Interests, and Character

ARTICLE 13. Dispositive Instruments and Ancient Writings

ARTICLE 8.8. Human Trafficking Caseworker-Victim Privilege

ARTICLE 14. Commercial, Scientific, and Similar Publications

ARTICLE 9. Official Information and Identity of Informer

ARTICLE 15. Declarant Unavailable as Witness

ARTICLE 10. Political Vote

ARTICLE 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings

ARTICLE 11. Trade Secret

ARTICLE 17. Physical Abuse

CHAPTER 5. Immunity of Newsman From Citation for Contempt