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Trial Attorney's Evidence Code Notebook 2018

During trial preparation and in the courtroom, use this annotated Evidence Code to quickly determine whether you can present particular evidence or object to the admission of evidence by reviewing the Evidence Code section and cases in which it has been applied.

During trial preparation and in the courtroom, use this annotated Evidence Code to quickly determine whether you can present particular evidence or object to the admission of evidence by reviewing the Evidence Code section and cases in which it has been applied.

  • Extensive annotations, cross references, and illustrative cases
  • Latest amendments to the Evidence Code
  • Recent cases interpreting various Evidence Code sections, including those on:
    • expert witness qualifications
    • privilege
    • character evidence
Print CP31093

Approx. 820 pages, softcover, 2018

  

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During trial preparation and in the courtroom, use this annotated Evidence Code to quickly determine whether you can present particular evidence or object to the admission of evidence by reviewing the Evidence Code section and cases in which it has been applied.

  • Extensive annotations, cross references, and illustrative cases
  • Latest amendments to the Evidence Code
  • Recent cases interpreting various Evidence Code sections, including those on:
    • expert witness qualifications
    • privilege
    • character evidence

DIVISION 1

PRELIMINARY PROVISIONS AND CONSTRUCTION

§§1–12

DIVISION 1. PRELIMINARY PROVISIONS AND CONSTRUCTION

    • §1. Short title
    • §2. Common law rule construing code abrogated
    • §3. Constitutionality
    • §4. Construction of code
    • §5. Effect of headings
    • §6. References to statutes
    • §7. "Division," "chapter," "article," "section," "subdivision," and "paragraph"
    • §8. Construction of tenses
    • §9. Construction of genders
    • §10. Construction of singular and plural
    • §11. "Shall" and "may"
    • §12. Code becomes operative January 1, 1967; effect on pending proceedings

DIVISION 2

WORDS AND PHRASES DEFINED

§§100–260

DIVISION 2. WORDS AND PHRASES DEFINED

    • §100. Application of definitions
    • §105. "Action"
    • §110. "Burden of producing evidence"
    • §115. "Burden of proof"
    • §120. "Civil action"
    • §125. "Conduct"
    • §130. "Criminal action"
    • §135. "Declarant"
    • §140. "Evidence"
    • §145. "The hearing"
    • §150. "Hearsay evidence"
    • §160. "Law"
    • §165. "Oath"
    • §170. "Perceive"
    • §175. "Person"
    • §177. "Dependent person"
    • §180. "Personal property"
    • §185. "Property"
    • §190. "Proof"
    • §195. "Public employee"
    • §200. "Public entity"
    • §205. "Real property"
    • §210. "Relevant evidence"
    • §215. "Spouse"
    • §220. "State"
    • §225. "Statement"
    • §230. "Statute"
    • §235. "Trier of fact"
    • §240. "Unavailable as a witness"
    • §250. "Writing"
    • §255. "Original"
    • §260. "Duplicate"

DIVISION 3

GENERAL PROVISIONS

§§300–413

DIVISION 3. GENERAL PROVISIONS

Chapter 1. Applicability of Code

      • §300. Applicability of Code

Chapter 2. Province of Court and Jury

      • §310. Questions of law for court
      • §311. Procedure when foreign law cannot be determined
      • §312. Jury as trier of fact

Chapter 3. Order of Proof

  • §320. Power of court to regulate order of proof
  • Chapter 4. Admitting and Excluding Evidence

  • Article 1. General Provisions
      • §350. Only relevant evidence admissible
      • §351. Admissibility of relevant evidence
      • §351.1. Polygraph examinations; results, opinion of examiner or reference; exclusion
      • §351.2. Immigration status not admissible in civil action for personal injury or wrongful death
      • §352. Discretion of court to exclude evidence
      • §352.1. Criminal sex acts; victim's address and telephone number
      • §353. Effect of erroneous admission of evidence
      • §354. Effect of erroneous exclusion of evidence
      • §355. Limited admissibility
      • §356. Entire act, declaration, conversation, or writing may be brought out to elucidate part offered
      • Article 2. Preliminary Determinations on Admissibility of Evidence
      • §400. "Preliminary fact"
      • §401. Proffered evidence
      • §402. Procedure for determining foundational and other preliminary facts
      • §403. Determination of foundational and other preliminary facts where relevancy, personal knowledge, or authenticity is disputed
      • §404. Determination of whether proffered evidence is incriminatory
      • §405. Determination of foundational and other preliminary facts in other cases
      • §406. Evidence affecting weight or credibility
      • Chapter 5. Weight of Evidence Generally

      • §410. "Direct evidence"
      • §411. Direct evidence of one witness sufficient
      • §412. Party having power to produce better evidence
      • §413. Party's failure to explain or deny evidence

    DIVISION 4

    JUDICIAL NOTICE

    §§450–460

    DIVISION 4. JUDICIAL NOTICE

      • §450. Judicial notice may be taken only as authorized by law
      • §451. Matters which must be judicially noticed
      • §452. Matters which may be judicially noticed
      • §452.5. Judicial notice of certified criminal conviction records
      • §453. Compulsory judicial notice upon request
      • §454. Information that may be used in taking judicial notice
      • §455. Opportunity to present information to court
      • §456. Noting for record denial of request to take judicial notice
      • §457. Instructing jury on matter judicially noticed
      • §458. Judicial notice by trial court in subsequent proceedings
      • §459. Judicial notice by reviewing court
      • §460. Appointment of expert by court

    DIVISION 5

    BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES

    §§500–670

    DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES

    Chapter 1. Burden of Proof

      • Article 1. General
      • §500. Party who has the burden of proof
      • §501. Burden of proof in criminal action generally
      • §502. Instructions on burden of proof
      • Article 2. Burden of Proof on Specific Issues
      • §520. Claim that person guilty of crime or wrongdoing
      • §521. Claim that person did not exercise care
      • §522. Claim that person is or was insane
      • §523. State's burden of proof regarding boundary dispute concerning real property granted or patented by state
      • §524. Board of Equalization's burden of proof when seeking penalties for intent to evade or fraud in a civil proceeding
      • Chapter 2. Burden of Producing Evidence

      • §550. Party who has the burden of producing evidence

        Chapter 3. Presumptions and Inferences

      • Article 1. General
      • §600. Presumption and inference defined
      • §601. Classification of presumptions
      • §602. Statute making one fact prima facie evidence of another fact
      • §603. Presumption affecting the burden of producing evidence defined
      • §604. Effect of presumption affecting burden of producing evidence
      • §605. Presumption affecting the burden of proof defined
      • §606. Effect of presumption affecting burden of proof
      • §607. Effect of certain presumptions in a criminal action
      • Article 2. Conclusive Presumptions
      • §620. Conclusive presumptions
      • §622. Facts recited in written instrument
      • §623. Estoppel by own statement or conduct
      • §624. Estoppel of tenant to deny title of landlord
      • Article 3. Presumptions Affecting the Burden of Producing Evidence
      • §630. Presumptions affecting the burden of producing evidence
      • §631. Money delivered by one to another
      • §632. Thing delivered by one to another
      • §633. Obligation delivered up to the debtor
      • §634. Person in possession of order on himself
      • §635. Obligation possessed by creditor
      • §636. Payment of earlier rent or installments
      • §637. Ownership of things possessed
      • §638. Ownership of property by person who exercises acts of ownership
      • §639. Judgment correctly determines rights of parties
      • §640. Writing truly dated
      • §641. Letter received in ordinary course of mail
      • §642. Conveyance by person having duty to convey real property
      • §643. Authenticity of ancient document
      • §644. Book purporting to be published by public authority
      • §645. Book purporting to contain reports of cases
      • §645.1. Printed materials, purporting to be particular newspaper or periodical
      • §646. Res ipsa loquitur
      • §647. Return of registered process server
      • Article 4. Presumptions Affecting the Burden of Proof
      • §660. Presumptions affecting the burden of proof
      • §662. Owner of legal title to property is owner of beneficial title
      • §663. Ceremonial marriage
      • §664. Official duty regularly performed
      • §665. Ordinary consequences of voluntary act
      • §666. Judicial action lawful exercise of jurisdiction
      • §667. Death of person not heard from in five years
      • §668. Unlawful intent
      • §669. Presumption of failure to exercise due care
      • §669.1. Public employee conduct guidelines
      • §669.5. Ordinances
      • §670. Presumption that check has been paid

    DIVISION 6

    WITNESSES

    §§700–795

    DIVISION 6. WITNESSES

    Chapter 1. Competency

        • §700. General rule as to competency
        • §701. Disqualification of witness
        • §702. Personal knowledge of witness
        • §703. Judge as witness
        • §703.5. Judge as witness in subsequent proceeding
        • §704. Juror as witness

    Chapter 2. Oath and Confrontation

        • §710. Oath required
        • §711. Confrontation
        • §712. Affidavit as foundation for admitting blood sample

    Chapter 3. Expert Witnesses

      • Article 1. Expert Witnesses Generally
      • §720. Qualification as an expert witness
      • §721. Cross-examination of expert witness
      • §722. Court appointment of expert revealed to jury; compensation of expert relevant to credibility
      • §723. Limit on number of expert witnesses
      • Article 2. Appointment of Expert Witness by Court
      • §730. Appointment of expert by court
      • §731. Payment of court-appointed expert
      • §732. Calling and examining court-appointed expert
      • §733. Right to produce other expert evidence
      • Chapter 4. Interpreters and Translators

      • §750. Rules relating to witnesses apply to interpreters and translators
      • §751. Oath required of interpreters and translators
      • §752. Interpreters for witnesses
      • §753. Translators of writings
      • §754. Interpreters for deaf in criminal and commitment cases
      • §754.5. Use of interpreter does not waive privilege
      • §755.5. Interpreter's presence in medical examination
      • §756. Reimbursement for interpreter's services in civil actions and proceedings
      • §757. Interpreter's services in actions under 8 USC §1101(a)(27)(J)
      • Chapter 5. Method and Scope of Examination

      • Article 1. Definitions
      • §760. "Direct examination"
      • §761. "Cross-examination"
      • §762. "Redirect examination"
      • §763. "Recross-examination"
      • §764. "Leading question"
      • Article 2. Examination of Witnesses
      • §765. Court to control mode of interrogation
      • §766. Responsive answers
      • §767. Leading questions
      • §768. Writings
      • §769. Inconsistent statement or conduct
      • §770. Evidence of inconsistent statement of witness
      • §771. Production of writing used to refresh memory
      • §772. Order of examination
      • §773. Cross-examination
      • §774. Re-examination
      • §775. Court may call witnesses
      • §776. Examination of adverse party or witness
      • §777. Exclusion of witness
      • §778. Recall of witnessChapter 6. Credibility of Witnesses
      • Article 1. Credibility Generally
      • §780. General rule as to credibility
      • §782. Evidence of sexual conduct of complaining witness
      • §782.1. Prosecution offer of evidence involving defendant's possession of one or more condoms
      • §783. Evidence of sexual conduct of plaintiff
      • Article 2. Attacking or Supporting Credibility
      • §785. Parties may attack or support credibility
      • §786. Character evidence generally
      • §787. Specific instances of conduct
      • §788. Prior felony conviction
      • §789. Religious belief
      • §790. Good character of witness
      • §791. Prior consistent statement of witness

        Chapter 7. Hypnosis of Witnesses

      • §795. Hypnosis of witnesses

    DIVISION 7

    OPINION TESTIMONY AND SCIENTIFIC EVIDENCE

    §§800–870

    DIVISION 7. OPINION TESTIMONY AND SCIENTIFIC EVIDENCE

    Chapter 1. Expert and Other Opinion Testimony

  • Article 1. Expert and Other Opinion Testimony Generally
      • §800. Opinion testimony by lay witness
      • §801. Opinion testimony by expert witness
      • §802. Statement of basis of opinion
      • §803. Opinion based on improper matter
      • §804. Opinion based on opinion or statement of another
      • §805. Opinion on ultimate issue
      • Article 2. Evidence of Market Value of Property
      • §810. Application
      • §811. "Value of property"
      • §812. Concept of just compensation not affected
      • §813. Opinion testimony
      • §814. Basis for opinion
      • §815. Sales of subject property
      • §816. Comparable sales
      • §817. Leases of subject property
      • §818. Comparable leases
      • §819. Capitalization of income
      • §820. Reproduction cost
      • §821. Conditions in general vicinity of subject property
      • §822. Inadmissible evidence
      • §823. Property with no relevant market
      • §824. Nonprofit, special use property with no relevant market
      • Article 3. Opinion Testimony on Particular Subjects
      • §870. Opinion as to sanity

    DIVISION 8

    PRIVILEGES

    §§900–1070

    DIVISION 8. PRIVILEGES

    Chapter 1. Definitions

  • §900. Application of definitions
  • §901. "Proceeding"
  • §902. "Civil proceeding"
  • §903. "Criminal proceeding"
  • §905. "Presiding officer"
  • Chapter 2. Applicability of Division

  • §910. Applicability of division
  • Chapter 3. General Provisions Relating to Privileges

  • §911. General rule as to privileges
  • §912. Waiver of privilege
  • §913. Comment on, and inferences from, exercise of privilege
  • §914. Determination of claim of privilege; limitation on punishment for contempt
  • §915. Disclosure of privileged information in ruling on claim of privilege
  • §916. Exclusion of privileged information where persons authorized to claim privilege are not present
  • §917. Presumption that certain communications are confidential
  • §918. Effect of error in overruling claim of privilege
  • §919. Admissibility where disclosure erroneously compelled
  • §920. No implied repeal
  • Chapter 4. Particular Privileges

  • Article 1. Privilege of Defendant in Criminal Case
  • §930. Privilege not to be called as a witness and not to testify
  • Article 2. Privilege Against Self-Incrimination
  • §940. Privilege against self-incrimination
    • Article 3. Lawyer-Client Privilege
  • §950. "Lawyer"
  • §951. "Client"
  • §952. "Confidential communication between client and lawyer"
  • §953. "Holder of the privilege"
  • §954. Lawyer-client privilege
  • §955. When lawyer required to claim privilege
  • §956. Exception: Crime or fraud
  • §956.5. Exception: Disclosure necessary to prevent client's criminal act that would cause death or bodily harm
  • §957. Exception: Parties claiming through deceased client
  • §958. Exception: Breach of duty arising out of lawyer-client relationship
  • §959. Exception: Lawyer as attesting witness
  • §960. Exception: Intention of deceased client concerning writing affecting property interest
  • §961. Exception: Validity of writing affecting property interest
  • §962. Exception: Joint clients
    • Article 3.5. Lawyer Referral Service-Client Privilege
    • §965. Definitions
    • §966. Lawyer referral service privilege
    • §967. When lawyer referral service required to claim privilege
    • §968. Exception: Crime or fraud
    • Article 4. Privilege Not to Testify Against Spouse
    • §970. Privilege not to testify against spouse
    • §971. Privilege not to be called as a witness against spouse
    • §972. When privilege not applicable
    • §973. Waiver of privilege
    • Article 5. Privilege for Confidential Marital Communications
    • §980. Privilege for confidential marital communications
    • §981. Exception: Crime or fraud
    • §982. Exception: Commitment or similar proceeding
    • §983. Exception: Proceeding to establish competence
    • §984. Exception: Proceeding between spouses
    • §985. Exception: Certain criminal proceedings
    • §986. Exception: Juvenile court proceeding
    • §987. Exception: Communication offered by spouse who is criminal defendant
    • Article 6. Physician-Patient Privilege
    • §990. "Physician"
    • §991. "Patient"
    • §992. "Confidential communication between patient and physician"
    • §993. "Holder of the privilege"
    • §994. Physician-patient privilege
    • §995. When physician required to claim privilege
    • §996. Exception: Patient-litigant exception
    • §997. Exception: Crime or tort
    • §998. Exception: Criminal proceeding
    • §999. Exception: Proceeding to recover damages for criminal conduct
    • §1000. Exception: Parties claiming through deceased patient
    • §1001. Exception: Breach of duty arising out of physician-patient relationship
    • §1002. Exception: Intention of deceased patient concerning writing affecting property interest
    • §1003. Exception: Validity of writing affecting property interest
    • §1004. Exception: Commitment or similar proceeding
    • §1005. Exception: Proceeding to establish competence
    • §1006. Exception: Required report
    • §1007. Exception: Proceeding to terminate right, license, or privilege
    • Article 7. Psychotherapist-Patient Privilege
    • §1010. "Psychotherapist"
    • §1010.5. Patient-educational psychologist privilege
    • §1011. "Patient"
    • §1012. "Confidential communication between patient and psychotherapist"
    • §1013. "Holder of the privilege"
    • §1014. Psychotherapist-patient privilege; application
    • §1015. When psychotherapist required to claim privilege
    • §1016. Exception: Patient-litigant exception
    • §1017. Exception: Psychotherapist appointed by court or Board of Prison Terms
    • §1018. Exception: Crime or tort
    • §1019. Exception: Parties claiming through deceased patient
    • §1020. Exception: Breach of duty arising out of psychotherapist-patient relationship
    • §1021. Exception: Intention of deceased patient concerning writing affecting property interest
    • §1022. Exception: Validity of writing affecting property interest
    • §1023. Exception: Proceeding to determine sanity of criminal defendant
    • §1024. Exception: Patient dangerous to himself or others
    • §1025. Exception: Proceeding to establish competence
    • §1026. Exception: Required report
    • §1027. Privilege nonexistent; patient child or victim of crime
    • Article 8. Clergy-Penitent Privileges
    • §1030. "Member of the clergy"
    • §1031. "Penitent"
    • §1032. "Penitential communication"
    • §1033. Privilege of penitent
    • §1034. Privilege of member of clergy
    • Article 8.5. Sexual Assault Counselor-Victim Privilege
    • §1035. "Victim"
    • §1035.2."Sexual assault counselor"
    • §1035.4. "Confidential communication between the sexual assault counselor and the victim"
    • §1035.6."Holder of the privilege"
    • §1035.8. Victim's privilege
    • §1036. Counselor's privilege
    • §1036.2."Sexual assault"
    • Article 8.7. Domestic Violence Counselor-Victim Privilege
    • §1037. "Victim"
    • §1037.1. "Domestic violence counselor"
    • §1037.2."Confidential communication between the domestic violence counselor and the victim"
    • §1037.3. Reporting child abuse
    • §1037.4. "Holder of the privilege"
    • §1037.5. Victim's privilege
    • §1037.6. Counselor's privilege
    • §1037.7. Definition: "Domestic violence"
    • §1037.8. Duty to inform victim of limitations on confidentiality
    • Article 8.8. Human Trafficking Caseworker-Victim Privilege
    • §1038. Trafficking caseworker-victim privilege
    • §1038.1. Court-compelled disclosure
    • §1038.2. Definitions
    • Article 9. Official Information and Identity of Informer
    • §1040. Privilege for official information
    • §1041. Privilege for identity of informer
    • §1042. Adverse order or finding in certain cases
    • §1043. Filing of motion and notice by party seeking discovery or disclosure of peace or custodial officer's personnel records
    • §1044. Access to medical or psychological history
    • §1045. Access to records of complaints where investigations or discipline concerns peace or custodial officer
    • §1046. Content of motion when party seeking disclosure alleges excessive force by peace or custodial officer
    • §1047. Records of peace or custodial officers not present during arrest of party seeking disclosure
    • Article 10. Political Vote
    • §1050. Privilege to protect secrecy of vote
    • Article 11. Trade Secret
    • §1060. Privilege to protect trade secret
    • §1061. Protective order for trade secret in criminal proceeding
    • §1062. Exclusion of public in criminal proceeding in which trade secret would be disclosed
    • §1063. Sealing of trade secret articles covered by protective order
    • Chapter 5. Immunity of Newsman from Citation for Contempt

    • §1070. Newsperson's refusal to disclose news source

    DIVISION 9

    EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES

    §§1100–1161

    DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES

    Chapter 1. Evidence of Character, Habit, or Custom

  • §1100. Manner of proof of character
  • §1101. Evidence of character to prove conduct
  • §1102. Opinion and reputation evidence of character of criminal defendant to prove conduct
  • §1103. Evidence of character of victim of crime
  • §1104. Character trait for care or skill
  • §1105. Habit or custom to prove specific behavior
  • §1106. Evidence of plaintiff's sexual conduct
  • §1107. Expert testimony on intimate partner battering and its effects in criminal actions
  • §1107.5. Expert testimony on effects of human trafficking on human trafficking victims
  • §1108. Evidence of defendant's other sexual offenses
  • §1109. Evidence of other acts of domestic violence, child abuse, or elder or dependent person abuse
  • Chapter 2. Mediation

  • §1115. Definitions
  • §1116. Effect of chapter
  • §1117. Applicability of chapter
  • §1118. Recorded oral agreement
  • §1119. Mediation confidentiality
  • §1120. Types of evidence not covered
  • §1121. Mediator reports and communications
  • §1122. Disclosure by agreement
  • §1123. Written settlement agreements reached through mediation
  • §1124. Oral agreements reached through mediation
  • §1125. When mediation ends
  • §1126. Effect of end of mediation
  • §1127. Attorney fees
  • §1128. Irregularity in proceedings
  • Chapter 3. Other Evidence Affected or Excluded by Extrinsic Policies

  • §1150. Evidence to test a verdict
  • §1151. Subsequent remedial conduct
  • §1152. Offer to compromise and the like
  • §1153. Offer to plead guilty or withdraw plea of guilty by criminal defendant
  • §1153.5. Offer for civil resolution of property crime
  • §1154. Offer to discount a claim
  • §1155. Liability insurance
  • §1156. Records of medical study of in-hospital staff committee
  • §1156.1. Records of quality assurance committee morbidity and mortality studies
  • §1157. Exemption from discovery of proceedings and records of specified committees and bodies
  • §1157.5. Proceedings or records of nonprofit medical care foundation or professional standards review organization
  • §1157.6. County health facility quality assurance committee proceedings and records
  • §1157.7. Health services
  • §1158. Inspection and copying of records upon patient's written authorization
  • §1159. Live animal experimentation evidence
  • §1160. Benevolent gestures
  • §1161. Human trafficking, limitation of evidence against victim
  • DIVISION 10

    HEARSAY EVIDENCE

    §§1200–1390

    DIVISION 10. HEARSAY EVIDENCE

    Chapter 1. General Provisions

  • §1200. The hearsay rule
  • §1201. Multiple hearsay
  • §1202. Credibility of hearsay declarant
  • §1203. Cross-examination of hearsay declarant
  • §1203.1. Inapplicability of §1203 to preliminary examinations
  • §1204. Hearsay statement offered against criminal defendant
  • §1205. No implied repeal
  • Chapter 2. Exceptions to the Hearsay Rule

  • Article 1. Confessions and Admissions
  • §1220. Admission of party
  • §1221. Adoptive admission
  • §1222. Authorized admission
  • §1223. Admission of co-conspirator
  • §1224. Statement of declarant whose liability or breach of duty is in issue
  • §1225. Statement of declarant whose right or title is in issue
  • §1226. Statement of minor child in parent's action for child's injury
  • §1227. Statement of declarant in action for his wrongful death
  • §1228. Statement of minor child in prosecution for sexual abuse of minor child
  • §1228.1. Parent's or guardian's failure to cooperate in child welfare services case plan as evidence in proceeding to terminate parental rights
    • Article 2. Declarations Against Interest
  • §1230. Declaration against interest
    • Article 2.5. Sworn Statements Regarding Gang-Related Crimes
    • §1231. Prior statement of deceased declarant on gang-related act or event
    • §1231.1. Intention to offer statement of deceased declarant
    • §1231.2. Administration of oath by peace officer
    • §1231.3. Testimony by law enforcement officer
    • §1231.4. Jury may not be told declarant died from other than natural causes
    • Article 3. Prior Statements of Witnesses
    • §1235. Inconsistent statement
    • §1236. Prior consistent statement
    • §1237. Past recollection recorded
    • §1238. Prior identification
    • Article 4. Spontaneous, Contemporaneous, and Dying Declarations
    • §1240. Spontaneous statement
    • §1241. Contemporaneous statement
    • §1242. Dying declaration
    • Article 5. Statements of Mental or Physical State
    • §1250. Statement of declarant's then existing mental or physical state
    • §1251. Statement of declarant's previously existing mental or physical state
    • §1252. Limitation on admissibility of statement of mental or physical state
    • §1253. Statement of minor child abuse victim made for purposes of medical diagnosis or treatment
    • Article 6. Statements Relating to Wills and to Claims Against Estates
    • §1260. Statement concerning declarant's will
    • §1261. Statement of decedent offered in action against his estate
    • Article 7. Business Records
    • §1270. "A business"
    • §1271. Business record
    • §1272. Absence of entry in business records
    • Article 8. Official Records and Other Official Writings
    • §1280. Record by public employee
    • §1281. Record of vital statistic
    • §1282. Finding of presumed death by authorized federal employee
    • §1283. Record by federal employee that person is missing, captured or the like
    • §1284. Statement of absence of public record
    • Article 9. Former Testimony
    • §1290. "Former testimony"
    • §1291. Former testimony offered against party to former proceeding
    • §1292. Former testimony offered against person not a party to former proceeding
    • §1293. Former testimony made at preliminary examination of minor child offered against parent or guardian of minor child in dependency proceeding
    • §1294. Evidence of prior inconsistent statements of witness at preliminary hearing when witness is unavailable for trial
    • Article 10. Judgments
    • §1300. Judgment of conviction of crime punishable as felony
    • §1301. Judgment against person entitled to indemnity
    • §1302. Judgment determining liability of third person
    • Article 11. Family History
    • §1310. Statement concerning declarant's own family history
    • §1311. Statement concerning family history of another
    • §1312. Entries in family records and the like
    • §1313. Reputation in family concerning family history
    • §1314. Reputation in community concerning family history
    • §1315. Church records concerning family history
    • §1316. Marriage, baptismal, and similar certificates
    • Article 12. Reputation and Statements Concerning Community History, Property Interests, and Character
    • §1320. Reputation concerning community history
    • §1321. Reputation concerning public interest in property
    • §1322. Reputation concerning boundary or custom affecting land
    • §1323. Statement concerning boundary
    • §1324. Reputation concerning character
    • Article 13. Dispositive Instruments and Ancient Writings
    • §1330. Recitals in writings affecting property
    • §1331. Recitals in ancient writings
    • Article 14. Commercial, Scientific, and Similar Publications
    • §1340. Commercial lists and the like
    • §1341. Publications concerning facts of general notoriety and interest
    • Article 15. Declarant Unavailable as Witness
    • §1350. Statement of witness whose unavailability is caused by person against whom statement is offered
    • Article 16. Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings
    • §1360. Determination in criminal prosecution of sufficient indicia of reliability of minor victim's statement describing child abuse or neglect
    • Article 17. Physical Abuse
    • §1370. Evidence of statement describing infliction or threat of physical injury on declarant when declarant is unavailable
    • §1380. Evidence of statement describing actual or threatened abuse of elder or dependent adult when declarant is unavailable
    • §1390. Evidence of statement offered against party making declarant unavailable

    DIVISION 11

    WRITINGS

    §§1400–1605

    DIVISION 11. WRITINGS

    Chapter 1. Authentication and Proof of Writings

  • Article 1. Requirement of Authentication
    • §1400. Authentication defined
    • §1401. Authentication required
    • §1402. Authentication of altered writing
  • Article 2. Means of Authenticating and Proving Writings
    • §1410. Article not exclusive
    • §1410.5. Admissibility of graffiti or photograph thereof
    • §1411. Subscribing witness' testimony unnecessary
    • §1412. Use of other evidence when subscribing witness' testimony required
    • §1413. Witness to the execution of a writing
    • §1414. Authentication by admission
    • §1415. Authentication by handwriting evidence
    • §1416. Proof of handwriting by person familiar therewith
    • §1417. Comparison of handwriting by trier of fact
    • §1418. Comparison of writing by expert witness
    • §1419. Exemplars when writing is 30 years old
    • §1420. Authentication by evidence of reply
    • §1421. Authentication by content
    • Article 3. Presumptions Affecting Acknowledged Writings and Official Writings
    • §1450. Classification of presumptions in article
    • §1451. Acknowledged writings
    • §1452. Official seals
    • §1453. Domestic official signatures
    • §1454. Foreign official signatures
    • Chapter 2. Secondary Evidence of Writings

    • Article 1. Proof of the Content of a Writing
    • §1520. Content of writing; proof
    • §1521. Secondary Evidence Rule
    • §1522. Additional grounds for exclusion of secondary evidence
    • §1523. Oral testimony of the content of a writing; admissibility
    • Article 2. Official Writings and Recorded Writings
    • §1530. Copy of writing in official custody
    • §1531. Certification of copy for evidence
    • §1532. Official record of recorded writing
    • Article 3. Photographic Copies and Printed Representations of Writings
    • §1550. Photographic copies made as business records
    • §1550.1. Reproductions of files, records, writings, etc.
    • §1551. Photographic copies where original destroyed or lost
    • §1552. Printed representation of computer information or computer programs
    • §1553. Printed representation of images stored on a video or digital medium
    • Article 4. Business Records
    • §1560. Compliance with subpoena duces tecum for business records
    • §1561. Affidavit accompanying records
    • §1562. Admissibility of affidavit and copy of records
    • §1563. Witness and mileage fees; recovery of "reasonable costs"
    • §1564. Personal attendance of custodian and production of original records
    • §1565. Service of more than one subpoena duces tecum
    • §1566. Applicability of article
    • §1567. Admissibility of employer income and benefit information forms in proceeding for modification or termination of child, family, or spousal support order
    • Chapter 3. Official Writings Affecting Property

    • §1600. Record of document affecting property interest
    • §1601. Proof of content of lost official record affecting property
    • §1603. Deed by officer in pursuance of court process
    • §1604. Certificate of purchase or of location of lands
    • §1605. Authenticated Spanish title records

    SELECT NEW DEVELOPMENTS IN THE 2018 EDITION

    Evidence Code Section 956. Effective Jan. 1, 2018, the exception from the attorney-client privilege for situations in which the lawyer's services were sought to help commit a crime does not apply to legal services that comply with state or local laws on medicinal or adult-use cannabis.

    Evidence Code Section 1120. Effective Jan. 1, 2018, declarations of disclosure served in marital nullity, dissolution, and legal separation matters are admissible as evidence even if they are prepared for a mediation or mediation consultation.

    Federal Rules of Evidence 902. Effective Dec. 1, 2017, the federal rules provide for self-authentication of electronic records. See Evid C §§1271, 1401.

    Presumption affecting burden of producing evidence. Presumption under Privette v Superior Court (1993) 5 C4th 689, that an independent contractor's hirer delegates to that contractor its duty to provide a safe workplace, affects the burden of producing evidence because it "operates solely to facilitate the resolution of particular disputes, not to further any other public policy." Alvarez v Seaside Transp. Servs. LLC (2017) 13 CA5th 635, 643. See Evid C §603.

    Qualification as expert witness. In a medical malpractice case, the court held that a physician licensed to practice medicine in Mexico was qualified to provide an opinion on the standard of care to which the defendant was held. Borrayo v Avery (2016) 2 CA5th 304, 310. See Evid C §720.

    Psychotherapist-patient privilege. The psychotherapist-patient privilege does not protect from disclosure the subpoenaed records of a psychiatrist who is being investigated by the Medical Board for improper prescribing of controlled substances. Cross v Superior Court (2017) 11 CA5th 305, 316. See Evid C §1014.

    Disclosures by patients in a psychotherapy relationship that they have viewed illegal child pornography is not protected by the psychotherapist-patient privilege. Matthews v Becerra (review granted May 10, 2017, S240156; opinion at 7 CA5th 334, 354 to remain published and citable until further order). See Evid C §1014.

    Attorney-client privilege. In determining whether an inadvertent disclosure waived the attorney-client privilege, the court must examine the "subjective intent of the privilege holder and any manifestation of the holder's intent to disclose the information." McDermott Will & Emery LLP v Superior Court (2017) 10 CA5th 1083, 1102. See Evid C §912.

    Attorney-client privilege does not categorically protect everything in attorney's billing invoice from disclosure, but it does protect confidentiality of invoices for work in pending and active legal matters. Los Angeles County Bd. of Supervisors v Superior Court (2017) 2 C5th 282. See Evid C §§952, 954.

    The attorney-client privilege did not extend to communications among the attorney, client, and a public relations consultant, because those communications were not reasonably necessary for legal representation in the lawsuit. Behunin v Superior Court (2017) 9 CA5th 833, 843. See Evid C §912.

    Refreshing recollection. Document used to refresh witness's recollection was not required to have been disclosed in discovery or included in a trial exhibit list, and it need not be admissible. Evans v Hood (2017) 5 CA5th 1022, 1041. See Evid C §771.

    Past recollection recorded. Juror's 2009 declaration was not admissible as past recollection recorded, because it was neither made at or near the time of trial (1993) nor did it describe an event that was fresh in her memory. In re Bell (2017) 2 C5th 1300, 1307. See Evid C §1237.

    Privilege for official information. The trial court did not abuse its discretion in rejecting disclosure of the records related to the officer's retirement from the Department of Corrections. People v Landry (2016) 2 C5th 52, 74. See Evid C §1040.

    Character evidence to prove conduct. Evidence of the defendant's prior financial misdeeds was admissible to prove her motive for killing her husband to collect on his life insurance policies. People v Thompson (2016) 1 C5th 1043, 1112. See Evid C §1101.

    Evidence of defendant's prior possession of ammunition was valid to impeach his testimony, and it was "not especially inflammatory" for purposes of Evid C §352. People v Turner (2017) 13 CA5th 397, 408. See Evid C §1101.

    Admissibility based on expert opinion. New cases applying the supreme court's decision in People v Sanchez (2016) 63 C4th 665 include: People v Roa (2017) 11 CA5th 428, 446 (limitation on expert testimony imposed by Sanchez did not apply because case-specific facts testified to by expert were independently proven); People v Meraz (review granted March 22, 2017, S226665; opinion at 6 CA5th 1162, to remain published and precedential until further order) (police officer was properly permitted to testify to non-case-specific background information about gang, its rivalry with another gang, its primary activities, and its pattern of criminal activity); People v Burroughs (2016) 6 CA5th 378 (experts improperly relied on inadmissible hearsay to support their testimony on defendant's unrelated convictions and unproven allegations that he committed other acts of sexual violence). See Evid C §1200.

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