DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION

§ 1 This code shall be known as the Evidence Code. § 2 The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. § 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 … § 4 Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code. § 5 Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. § 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… § 7 Unless otherwise expressly stated: (a) “Division” means a division of this code. § 8 The present tense includes the past and future tenses; and the future, the present. § 9 The masculine gender includes the feminine and neuter. § 10 The singular number includes the plural; and the plural, the singular. § 11 “Shall” is mandatory and “may” is permissive. § 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… § 100 Unless the provision or context otherwise requires, these definitions govern the construction of this code. § 105 “Action” includes a civil action and a criminal action. § 110 “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. § 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 … § 120 “Civil action” includes civil proceedings. § 125 “Conduct” includes all active and passive behavior, both verbal and nonverbal. § 130 “Criminal action” includes criminal proceedings. § 135 “Declarant” is a person who makes a statement. § 140 “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistenc… § 145 “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing. § 150 “Hearsay evidence” is defined in Section 1200. § 160 “Law” includes constitutional, statutory, and decisional law. § 165 “Oath” includes affirmation or declaration under penalty of perjury. § 170 “Perceive” means to acquire knowledge through one’s senses. § 175 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public en… § 177 “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially re… § 180 “Personal property” includes money, goods, chattels, things in action, and evidences of debt. § 185 “Property” includes both real and personal property. § 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. § 195 “Public employee” means an officer, agent, or employee of a public entity. § 200 “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision… § 205 “Real property” includes lands, tenements, and hereditaments. § 210 “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to… § 215 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. § 220 “State” means the State of California, unless applied to the different parts of the United States. § 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… § 230 “Statute” includes a treaty and a constitutional provision. § 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… § 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… § 250 “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every… § 255 “Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. § 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… § 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 … § 450 Judicial notice may not be taken of any matter unless authorized or required by law. § 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… § 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,… § 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… § 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 … § 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… § 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… § 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 … § 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,… § 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… § 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… § 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… § 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 … § 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. § 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… § 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… § 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… § 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. § 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… § 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… § 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… § 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… § 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… § 801.1 (a) In a general civil case, as defined in Rule 1. § 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… § 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… § 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… § 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… § 900 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. § 901 “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbi… § 902 “Civil proceeding” means any proceeding except a criminal proceeding. § 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… § 905 “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made. § 1100 Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and … § 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… § 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… § 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… § 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… § 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. § 1106 (a) In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence… § 1107 (a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects… § 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 … § 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… § 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… § 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… § 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… § 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… § 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… § 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. § 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… § 1205 Nothing in this division shall be construed to repeal by implication any other statute relating to hearsay evidence. § 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… § 1401 (a) Authentication of a writing is required before it may be received in evidence. § 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…