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Cal. Evid. Code § 404
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§ 404 [Burden of Proof for Privilege Claims]
Division 3: General Provisions | Chapter 4: Admitting and Excluding Evidence | Article 2: Preliminary Determinations on Admissibility of Evidence
Section titles shown in [brackets] are editorial additions for navigation purposes and are not part of the official statute.
Rule Text
Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.
Amendment history: Enacted by Stats. 1965, Ch. 299.