reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1155.

1155. Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1156.

1156. (a) In-hospital medical or medical-dental staff committees of a licensed hospital may engage in research and medical or dental study for the purpose of reducing morbidity or mortality, and may make findings and recommendations relating to such purpose. Except as provided in subdivision (b), the written records of interviews, reports, statements, or memoranda of such in-hospital medical or medical-dental staff committees relating to such medical or dental studies are subject to Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure (relating to discovery proceedings) but, subject to subdivisions (c) and (d), shall not be admitted as evidence in any action or before any administrative body, agency, or person.
(b) The disclosure, with or without the consent of the patient, of information concerning him to such in-hospital medical or medical-dental staff committee does not make unprivileged any information that would otherwise be privileged under Section 994 or 1014; but, notwithstanding Sections 994 and 1014, such information is subject to discovery under subdivision (a) except that the identity of any patient may not be discovered under subdivision (a) unless the patient consents to such disclosure.
(c) This section does not affect the admissibility in evidence of the original medical or dental records of any patient.
(d) This section does not exclude evidence which is relevant evidence in a criminal action.
(Amended by Stats. 2004, Ch. 182, Sec. 30. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1156.1.

1156.1. (a) A committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code may engage in research and medical or psychiatric study for the purpose of reducing morbidity or mortality, and may make findings and recommendations to the county and state relating to such purpose. Except as provided in subdivision (b), the written records of interviews, reports, statements, or memoranda of such committees relating to such medical or psychiatric studies are subject to Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure but, subject to subdivisions (c) and (d), shall not be admitted as evidence in any action or before any administrative body, agency, or person.
(b) The disclosure, with or without the consent of the patient, of information concerning him or her to such committee does not make unprivileged any information that would otherwise be privileged under Section 994 or 1014. However, notwithstanding Sections 994 and 1014, such information is subject to discovery under subdivision (a) except that the identity of any patient may not be discovered under subdivision (a) unless the patient consents to such disclosure.
(c) This section does not affect the admissibility in evidence of the original medical or psychiatric records of any patient.
(d) This section does not exclude evidence which is relevant evidence in a criminal action.
(Amended by Stats. 2004, Ch. 182, Sec. 31. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1156.5.

1156.5. (a) Evidence that a person suffered or experienced excited delirium shall not be admitted in any civil action.
(b) A party or witness may describe the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition at issue, including, but not limited to, a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain, but shall not describe or diagnose such demeanor, conduct, or condition by use of the term excited delirium, or attribute such demeanor, conduct, or physical and mental condition to that term.
(c) For the purposes of this section, “excited delirium” means a term used to describe a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, or for which the court finds there is insufficient scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited delirium also includes excited delirium syndrome, excited delirium, hyperactive delirium, agitated delirium, and exhaustive mania.
(Added by Stats. 2023, Ch. 431, Sec. 1. (AB 360) Effective January 1, 2024.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1157.5.

1157.5. Except in actions involving a claim of a provider of health care services for payment for such services, the prohibition relating to discovery or testimony provided by Section 1157 shall be applicable to the proceedings or records of an organized committee of any nonprofit medical care foundation or professional standards review organization which is organized in a manner which makes available professional competence to review health care services with respect to medical necessity, quality of care, or economic justification of charges or level of care.
(Amended by Stats. 1980, Ch. 524.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1157.6.

1157.6. Neither the proceedings nor the records of a committee established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code having the responsibility of evaluation and improvement of the quality of mental health care rendered in county operated and contracted mental health facilities shall be subject to discovery. Except as provided in this section, no person in attendance at a meeting of any such committee shall be required to testify as to what transpired thereat. The prohibition relating to discovery or testimony shall not apply to the statements made by any person in attendance at such a meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting, or to any person requesting facility staff privileges.
(Added by Stats. 1982, Ch. 234, Sec. 5. Effective June 2, 1982.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1157.7.

1157.7. The prohibition relating to discovery or testimony provided in Section 1157 shall be applicable to proceedings and records of any committee established by a local governmental agency to monitor, evaluate, and report on the necessity, quality, and level of specialty health services, including, but not limited to, trauma care services, provided by a general acute care hospital that has been designated or recognized by that governmental agency as qualified to render specialty health care services. The provisions of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code shall not be applicable to the committee records and proceedings.
(Amended by Stats. 2021, Ch. 615, Sec. 105. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1159.

1159. (a) No evidence pertaining to live animal experimentation, including, but not limited to, injury, impact, or crash experimentation, shall be admissible in any product liability action involving a motor vehicle or vehicles.
(b) This section shall apply to cases for which a trial has not actually commenced, as described in paragraph (6) of subdivision (a) of Section 581 of the Code of Civil Procedure, on January 1, 1993.
(Added by Stats. 1992, Ch. 188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1160.

1160. (a) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence of an admission of liability in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall not be inadmissible pursuant to this section.
(b) For purposes of this section:
(1) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.
(2) “Benevolent gestures” means actions which convey a sense of compassion or commiseration emanating from humane impulses.
(3) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse’s parents of an injured party.
(Added by Stats. 2000, Ch. 195, Sec. 1. Effective January 1, 2001.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1161.

1161. (a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim’s criminal liability for the commercial sexual act.
(b) Evidence of sexual history or history of any commercial sexual act of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, is inadmissible to attack the credibility or impeach the character of the victim in any civil or criminal proceeding.
(Amended by Stats. 2013, Ch. 126, Sec. 1. (AB 694) Effective January 1, 2014. Note: This section was added on Nov. 6, 2012, by initiative Prop. 35.)
2023 California Code › Evidence Code - EVID › DIVISION 9 - EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES › CHAPTER 3 - Other Evidence Affected or Excluded by Extrinsic Policies › Section 1162.

1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
(Amended by Stats. 2019, Ch. 141, Sec. 3. (SB 233) Effective January 1, 2020.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1200.

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 the truth of the matter stated.
(b) Except as provided by law, hearsay evidence is inadmissible.
(c) This section shall be known and may be cited as the hearsay rule.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1201.

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 evidence if such hearsay evidence consists of one or more statements each of which meets the requirements of an exception to the hearsay rule.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1202.

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 evidence is not inadmissible for the purpose of attacking the credibility of the declarant though he is not given and has not had an opportunity to explain or to deny such inconsistent statement or other conduct. Any other evidence offered to attack or support the credibility of the declarant is admissible if it would have been admissible had the declarant been a witness at the hearing. For the purposes of this section, the deponent of a deposition taken in the action in which it is offered shall be deemed to be a hearsay declarant.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1203.

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 concerning the statement.
(b) This section is not applicable if the declarant is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the statement.
(c) This section is not applicable if the statement is one described in Article 1 (commencing with Section 1220), Article 3 (commencing with Section 1235), or Article 10 (commencing with Section 1300) of Chapter 2 of this division.
(d) A statement that is otherwise admissible as hearsay evidence is not made inadmissible by this section because the declarant who made the statement is unavailable for examination pursuant to this section.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1203.1.

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.
(Added June 5, 1990, by initiative Proposition 115, Sec. 8. Note: Prop. 115 is titled the Crime Victims Justice Reform Act.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 1 - General Provisions › Section 1204.

1204. A statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, either by the defendant or by another, under such circumstances that it is inadmissible against the defendant under the Constitution of the United States or the State of California.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1220.

1220. Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1221.

1221. Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1222.

1222. Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:
(a) The statement was made by a person authorized by the party to make a statement or statements for him concerning the subject matter of the statement; and
(b) The evidence is offered either after admission of evidence sufficient to sustain a finding of such authority or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1223.

1223. 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.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1224.

1224. When the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declarant, or when the claim or right asserted by a party to a civil action is barred or diminished by a breach of duty by the declarant, evidence of a statement made by the declarant is as admissible against the party as it would be if offered against the declarant in an action involving that liability, obligation, duty, or breach of duty.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1225.

1225. When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest exists or existed in the declarant, evidence of a statement made by the declarant during the time the party now claims the declarant was the holder of the right, title, or interest is as admissible against the party as it would be if offered against the declarant in an action involving that right, title, or interest.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1226.

1226. Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Section 376 of the Code of Civil Procedure for injury to such minor child.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1227.

1227. Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death brought under Article 6 (commencing with Section 377.60) of Chapter 4 of Title 3 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 2023, Ch. 131, Sec. 58. (AB 1754) Effective January 1, 2024.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1228.

1228. Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person accused of violating Section 261, 264.1, 285, 286, 287, 288, 289, or 647a of, or former Section 288a of, the Penal Code, a court, in its discretion, may determine that a statement of the complaining witness is not made inadmissible by the hearsay rule if it finds all of the following:
(a) The statement was made by a minor child under the age of 12, and the contents of the statement were included in a written report of a law enforcement official or an employee of a county welfare department.
(b) The statement describes the minor child as a victim of sexual abuse.
(c) The statement was made prior to the defendant’s confession. The court shall view with caution the testimony of a person recounting hearsay where there is evidence of personal bias or prejudice.
(d) There are no circumstances, such as significant inconsistencies between the confession and the statement concerning material facts establishing any element of the crime or the identification of the defendant, that would render the statement unreliable.
(e) The minor child is found to be unavailable pursuant to paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to testify.
(f) The confession was memorialized in a trustworthy fashion by a law enforcement official.
If the prosecution intends to offer a statement of the complaining witness pursuant to this section, the prosecution shall serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement.
If the statement is offered during trial, the court’s determination shall be made out of the presence of the jury. If the statement is found to be admissible pursuant to this section, it shall be admitted out of the presence of the jury and solely for the purpose of determining the admissibility of the confession of the defendant.
(Amended by Stats. 2018, Ch. 423, Sec. 23. (SB 1494) Effective January 1, 2019.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 1 - Confessions and Admissions › Section 1228.1.

1228.1. (a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the acceptance of any services prescribed in the child welfare services case plan by any parent or legal guardian shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law.
(b) A parent’s or guardian’s failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used as evidence, if relevant, in any hearing held pursuant to Section 366.21, 366.22, or 388 of the Welfare and Institutions Code and at any jurisdictional or dispositional hearing held on a petition filed pursuant to Section 300, 342, or 387 of the Welfare and Institutions Code.
(Amended by Stats. 1997, Ch. 793, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2 - Declarations Against Interest › Section 1230.

1230. Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarant’s pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes › Section 1231.

1231. Evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the following:
(a) The statement relates to acts or events relevant to a criminal prosecution under provisions of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 of the Penal Code).
(b) A verbatim transcript, copy, or record of the statement exists. A record may include a statement preserved by means of an audio or video recording or equivalent technology.
(c) The statement relates to acts or events within the personal knowledge of the declarant.
(d) The statement was made under oath or affirmation in an affidavit; or was made at a deposition, preliminary hearing, grand jury hearing, or other proceeding in compliance with law, and was made under penalty of perjury.
(e) The declarant died from other than natural causes.
(f) The statement was made under circumstances that would indicate its trustworthiness and render the declarant’s statement particularly worthy of belief. For purposes of this subdivision, circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
(1) Whether the statement was made in contemplation of a pending or anticipated criminal or civil matter, in which the declarant had an interest, other than as a witness.
(2) Whether the declarant had a bias or motive for fabricating the statement, and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section.
(4) Whether the statement was a statement against the declarant’s interest.
(Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes › Section 1231.1.

1231.1. A statement is admissible pursuant to Section 1231 only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
(Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes › Section 1231.2.

1231.2. A peace officer may administer and certify oaths for purposes of this article.
(Amended by Stats. 1998, Ch. 606, Sec. 2. Effective January 1, 1999.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes › Section 1231.3.

1231.3. Any law enforcement officer testifying as to any hearsay statement pursuant to this article shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training which includes training in the investigation and reporting of cases and testifying at preliminary hearings and trials.
(Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 2.5 - Sworn Statements Regarding Gang-Related Crimes › Section 1231.4.

1231.4. If evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural causes, but shall merely be told that the declarant is unavailable.
(Added by Stats. 1997, Ch. 499, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 3 - Prior Statements of Witnesses › Section 1235.

1235. Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with Section 770.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 3 - Prior Statements of Witnesses › Section 1236.

1236. Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 3 - Prior Statements of Witnesses › Section 1237.

1237. (a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which:
(1) Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness’ memory;
(2) Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness’ statement at the time it was made;
(3) Is offered after the witness testifies that the statement he made was a true statement of such fact; and
(4) Is offered after the writing is authenticated as an accurate record of the statement.
(b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 3 - Prior Statements of Witnesses › Section 1238.

1238. Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:
(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence;
(b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and
(c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 4 - Spontaneous, Contemporaneous, and Dying Declarations › Section 1240.

1240. Evidence of a statement is not made inadmissible by the hearsay rule if the statement:
(a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and
(b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 4 - Spontaneous, Contemporaneous, and Dying Declarations › Section 1241.

1241. Evidence of a statement is not made inadmissible by the hearsay rule if the statement:
(a) Is offered to explain, qualify, or make understandable conduct of the declarant; and
(b) Was made while the declarant was engaged in such conduct.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 4 - Spontaneous, Contemporaneous, and Dying Declarations › Section 1242.

1242. Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 5 - Statements of Mental or Physical State › Section 1250.

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 statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when:
(1) The evidence is offered to prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action; or
(2) The evidence is offered to prove or explain acts or conduct of the declarant.
(b) This section does not make admissible evidence of a statement of memory or belief to prove the fact remembered or believed.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 5 - Statements of Mental or Physical State › Section 1251.

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, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if:
(a) The declarant is unavailable as a witness; and
(b) The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 5 - Statements of Mental or Physical State › Section 1252.

1252. Evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthiness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 5 - Statements of Mental or Physical State › Section 1253.

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 diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to a statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor.
(Added by Stats. 1995, Ch. 87, Sec. 2. Effective January 1, 1996.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 6 - Statements Relating to Wills and to Claims Against Estates › Section 1260.

1260. (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule:
(1) That the declarant has or has not made a will or established or amended a revocable trust.
(2) That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust.
(3) That identifies the declarant’s will, revocable trust, or an amendment to a revocable trust.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness.
(Amended by Stats. 2010, Ch. 106, Sec. 1. (SB 1041) Effective January 1, 2011.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 6 - Statements Relating to Wills and to Claims Against Estates › Section 1261.

1261. (a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 7 - Business Records › Section 1270.

1270. As used in this article, “a business” includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 7 - Business Records › Section 1271.

1271. Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if:
(a) The writing was made in the regular course of a business;
(b) The writing was made at or near the time of the act, condition, or event;
(c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and
(d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 7 - Business Records › Section 1272.

1272. Evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if:
(a) It was the regular course of that business to make records of all such acts, conditions, or events at or near the time of the act, condition, or event and to preserve them; and
(b) The sources of information and method and time of preparation of the records of that business were such that the absence of a record of an act, condition, or event is a trustworthy indication that the act or event did not occur or the condition did not exist.
(Added by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1280.

1280. Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if all of the following applies:
(a) The writing was made by and within the scope of duty of a public employee.
(b) The writing was made at or near the time of the act, condition, or event.
(c) The sources of information and method and time of preparation were such as to indicate its trustworthiness.
(Amended by Stats. 1996, Ch. 642, Sec. 4. Effective January 1, 1997.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1281.

1281. Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was required by law to file the writing in a designated public office and the writing was made and filed as required by law.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1282.

1282. A written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (56 Stats. 143, 1092, and P.L. 408, Ch. 371, 2d Sess. 78th Cong.; 50 U.S.C. App. 1001–1016), as enacted or as heretofore or hereafter amended, shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and of the date, circumstances, and place of his disappearance.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1283.

1283. An official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, beseiged by a hostile force, or detained in a foreign country against his will, or is dead or is alive, made by an employee of the United States authorized by any law of the United States to make such report or record shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, besieged by a hostile force, or detained in a foreign country against his will, or is dead or is alive.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1284.

1284. Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find a record, is not made inadmissible by the hearsay rule when offered to prove the absence of a record in that office.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 8 - Official Records and Other Official Writings › Section 1285.

1285. Within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the following statements are not made inadmissible by the hearsay rule at the civil hearing described in Section 6602 of the Welfare and Institutions Code when offered to prove the truth of the matter stated:
(a) A statement from a victim of the sexual offense.
(b) A statement from an eyewitness to the sexual offense.
(c) A statement from a sexual assault medical examiner who examined a victim of the sexual offense.
(Added by Stats. 2023, Ch. 363, Sec. 1. (AB 1253) Effective January 1, 2024.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 9 - Former Testimony › Section 1290.

1290. As used in this article, “former testimony” means testimony given under oath in:
(a) Another action or in a former hearing or trial of the same action;
(b) A proceeding to determine a controversy conducted by or under the supervision of an agency that has the power to determine such a controversy and is an agency of the United States or a public entity in the United States;
(c) A deposition taken in compliance with law in another action; or
(d) An arbitration proceeding if the evidence of such former testimony is a verbatim transcript thereof.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 9 - Former Testimony › Section 1291.

1291. (a) Evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:
(1) The former testimony is offered against a person who offered it in evidence in his own behalf on the former occasion or against the successor in interest of such person; or
(2) The party against whom the former testimony is offered was a party to the action or proceeding in which the testimony was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing.
(b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to:
(1) Objections to the form of the question which were not made at the time the former testimony was given.
(2) Objections based on competency or privilege which did not exist at the time the former testimony was given.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 9 - Former Testimony › Section 1292.

1292. (a) Evidence of former testimony is not made inadmissible by the hearsay rule if:
(1) The declarant is unavailable as a witness;
(2) The former testimony is offered in a civil action; and
(3) The issue is such that the party to the action or proceeding in which the former testimony was given had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which the party against whom the testimony is offered has at the hearing.
(b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to objections based on competency or privilege which did not exist at the time the former testimony was given.
(Enacted by Stats. 1965, Ch. 299.)