Chapter 3: Presumptions and Inferences | Article 4: Presumptions Affecting the Burden of Proof
California Evidence Code – 2026
§ 660
The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, a…
§ 662
The owner of the legal title to property is presumed to be the owner of the full beneficial title.
§ 663
A ceremonial marriage is presumed to be valid.
§ 664
It is presumed that official duty has been regularly performed.
§ 665
A person is presumed to intend the ordinary consequences of his voluntary act.
§ 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 …
§ 667
A person not heard from in five years is presumed to be dead.
§ 668
An unlawful intent is presumed from the doing of an unlawful act.
§ 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…
§ 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…
§ 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 …
§ 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…
§ 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 …
§ 766
A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party.
§ 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…
§ 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.
§ 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…
§ 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…
§ 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…
§ 772
(a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examinati…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 778
After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court.
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 1560
(a) As used in this article: (1) “Business” includes every kind of business described in Section 1270.
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 …
§ 1566
This article applies in any proceeding in which testimony can be compelled.
§ 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…