§ 1223 [Co-Conspirator Statements Exception to Hearsay Rule]
Division 10: Hearsay Evidence | Chapter 2: Exceptions to the Hearsay Rule | Article 1: Confessions and Admissions
Section titles shown in [brackets] are editorial additions for navigation purposes and are not part of the official statute.
Rule Text
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 participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy;
(b) The statement was made prior to or during the time that the party was participating in that conspiracy; and
(c) The evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in subdivisions (a) and (b) or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.
Amendment history: Enacted by Stats. 1965, Ch. 299.