reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 2 - Province of Court and Jury › Section 310.

310. (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court. Determination of issues of fact preliminary to the admission of evidence are to be decided by the court as provided in Article 2 (commencing with Section 400) of Chapter 4.
(b) Determination of the law of an organization of nations or of the law of a foreign nation or a public entity in a foreign nation is a question of law to be determined in the manner provided in Division 4 (commencing with Section 450).
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 2 - Province of Court and Jury › Section 311.

311. If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either:
(a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or
(b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 2 - Province of Court and Jury › Section 312.

312. Except as otherwise provided by law, where the trial is by jury:
(a) All questions of fact are to be decided by the jury.
(b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 351.1.

351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
(Added by Stats. 1983, Ch. 202, Sec. 1. Effective July 12, 1983.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 351.2.

351.2. (a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.
(b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.
(Added by Stats. 2016, Ch. 132, Sec. 1. (AB 2159) Effective January 1, 2017.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 351.3.

351.3. (a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.
(b) This section does not do any of the following:
(1) Apply to cases in which a person’s immigration status is necessary to prove an element of a claim or an affirmative defense.
(2) Impact otherwise applicable laws governing the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.
(3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court.
(Added by Stats. 2022, Ch. 168, Sec. 1. (SB 836) Effective August 22, 2022.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 351.4.

351.4. (a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.
(b) This section does not do any of the following:
(1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense.
(2) Limit discovery in a criminal action.
(3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court.
(Added by Stats. 2022, Ch. 168, Sec. 2. (SB 836) Effective August 22, 2022.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 352.

352. The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 352.1.

352.1. In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of, the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 287 of, or former Section 288a of, the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing.
The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim.
Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.
(Amended by Stats. 2018, Ch. 423, Sec. 18. (SB 1494) Effective January 1, 2019.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 352.2.

352.2. (a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that evidence against the substantial danger of undue prejudice under Section 352, shall consider, in addition to the factors listed in Section 352, that: (1) the probative value of such expression for its literal truth or as a truthful narrative is minimal unless that expression is created near in time to the charged crime or crimes, bears a sufficient level of similarity to the charged crime or crimes, or includes factual detail not otherwise publicly available; and (2) undue prejudice includes, but is not limited to, the possibility that the trier of fact will, in violation of Section 1101, treat the expression as evidence of the defendant’s propensity for violence or general criminal disposition as well as the possibility that the evidence will explicitly or implicitly inject racial bias into the proceedings.
(b) If proffered and relevant to the issues in the case, the court shall consider the following as well as any additional relevant evidence offered by either party:
(1) Credible testimony on the genre of creative expression as to the social or cultural context, rules, conventions, and artistic techniques of the expression.
(2) Experimental or social science research demonstrating that the introduction of a particular type of expression explicitly or implicitly introduces racial bias into the proceedings.
(3) Evidence to rebut such research or testimony.
(c) For purposes of this section, “creative expression” means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.
(d) The question of the admissibility of a form of creative expression shall be heard in limine and determined by the court, outside the presence and hearing of the jury, pursuant to Section 402. The court shall state on the record its ruling and its reasons therefor.
(Added by Stats. 2022, Ch. 973, Sec. 2. (AB 2799) Effective January 1, 2023.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 353.

353. A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless:
(a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and
(b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 354.

354. A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that:
(a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means;
(b) The rulings of the court made compliance with subdivision (a) futile; or
(c) The evidence was sought by questions asked during cross-examination or recross-examination.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 355.

355. When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 1 - General Provisions › Section 356.

356. Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 400.

400. As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. The phrase “the admissibility or inadmissibility of evidence” includes the qualification or disqualification of a person to be a witness and the existence or nonexistence of a privilege.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 401.

401. As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 402.

402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.
(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests.
(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 403.

403. (a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered evidence is inadmissible unless the court finds that there is evidence sufficient to sustain a finding of the existence of the preliminary fact, when:
(1) The relevance of the proffered evidence depends on the existence of the preliminary fact;
(2) The preliminary fact is the personal knowledge of a witness concerning the subject matter of his testimony;
(3) The preliminary fact is the authenticity of a writing; or
(4) The proffered evidence is of a statement or other conduct of a particular person and the preliminary fact is whether that person made the statement or so conducted himself.
(b) Subject to Section 702, the court may admit conditionally the proffered evidence under this section, subject to evidence of the preliminary fact being supplied later in the course of the trial.
(c) If the court admits the proffered evidence under this section, the court:
(1) May, and on request shall, instruct the jury to determine whether the preliminary fact exists and to disregard the proffered evidence unless the jury finds that the preliminary fact does exist.
(2) Shall instruct the jury to disregard the proffered evidence if the court subsequently determines that a jury could not reasonably find that the preliminary fact exists.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 404.

404. 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.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 405.

405. With respect to preliminary fact determinations not governed by Section 403 or 404:
(a) When the existence of a preliminary fact is disputed, the court shall indicate which party has the burden of producing evidence and the burden of proof on the issue as implied by the rule of law under which the question arises. The court shall determine the existence or nonexistence of the preliminary fact and shall admit or exclude the proffered evidence as required by the rule of law under which the question arises.
(b) If a preliminary fact is also a fact in issue in the action:
(1) The jury shall not be informed of the court’s determination as to the existence or nonexistence of the preliminary fact.
(2) If the proffered evidence is admitted, the jury shall not be instructed to disregard the evidence if its determination of the fact differs from the court’s determination of the preliminary fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 4 - Admitting and Excluding Evidence › ARTICLE 2 - Preliminary Determinations on Admissibility of Evidence › Section 406.

406. This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 3 - GENERAL PROVISIONS › CHAPTER 5 - Weight of Evidence Generally › Section 413.

413. In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party’s failure to explain or to deny by his testimony such evidence or facts in the case against him, or his willful suppression of evidence relating thereto, if such be the case.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 451.

451. Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.
(b) Any matter made a subject of judicial notice by Section 11343.6, 11344.6, or 18576 of the Government Code or by Section 1507 of Title 44 of the United States Code.
(c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions Code and rules of practice and procedure for the courts of this state adopted by the Judicial Council.
(d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy.
(e) The true signification of all English words and phrases and of all legal expressions.
(f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute.
(Amended by Stats. 1986, Ch. 248, Sec. 43.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 452.

452. Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451:
(a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state.
(b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.
(c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.
(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
(e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.
(f) The law of an organization of nations and of foreign nations and public entities in foreign nations.
(g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute.
(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 452.5.

452.5. (a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court pursuant to Section 69844.5 of the Government Code at the time of computer entry.
(b) (1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record.
(2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and meets either of the following requirements:
(A) The copy bears an electronic signature or watermark unique to the entity responsible for certifying the document.
(B) The copied document is an official record of conviction, certified in accordance with subdivision (a) of Section 1530, that is transmitted by the clerk of the superior court in a manner showing that the copy was prepared and transmitted by that clerk of the superior court. A seal, signature, or other indicia of the court shall constitute adequate showing.
(Amended by Stats. 2017, Ch. 561, Sec. 55. (AB 1516) Effective January 1, 2018.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 453.

453. The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and:
(a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and
(b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 454.

454. (a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof:
(1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party.
(2) Exclusionary rules of evidence do not apply except for Section 352 and the rules of privilege.
(b) Where the subject of judicial notice is the law of an organization of nations, a foreign nation, or a public entity in a foreign nation and the court resorts to the advice of persons learned in the subject matter, such advice, if not received in open court, shall be in writing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 455.

455. With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action:
(a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the court shall afford each party reasonable opportunity, before the jury is instructed or before the cause is submitted for decision by the court, to present to the court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed.
(b) If the trial court resorts to any source of information not received in open court, including the advice of persons learned in the subject matter, such information and its source shall be made a part of the record in the action and the court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 458.

458. The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure specified in this division.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 459.

459. (a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452. The reviewing court may take judicial notice of a matter in a tenor different from that noticed by the trial court.
(b) In determining the propriety of taking judicial notice of a matter, or the tenor thereof, the reviewing court has the same power as the trial court under Section 454.
(c) When taking judicial notice under this section of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, the reviewing court shall comply with the provisions of subdivision (a) of Section 455 if the matter was not theretofore judicially noticed in the action.
(d) In determining the propriety of taking judicial notice of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, or the tenor thereof, if the reviewing court resorts to any source of information not received in open court or not included in the record of the action, including the advice of persons learned in the subject matter, the reviewing court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 4 - JUDICIAL NOTICE › Section 460.

460. Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own motion or on motion of any party may appoint one or more such persons to provide such advice. If the court determines to appoint such a person, he shall be appointed and compensated in the manner provided in Article 2 (commencing with Section 730) of Chapter 3 of Division 6.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 1 - General › Section 500.

500. Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 1 - General › Section 501.

501. Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such statute is subject to Penal Code Section 1096.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 1 - General › Section 502.

502. The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 2 - Burden of Proof on Specific Issues › Section 520.

520. The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 2 - Burden of Proof on Specific Issues › Section 521.

521. The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 2 - Burden of Proof on Specific Issues › Section 522.

522. The party claiming that any person, including himself, is or was insane has the burden of proof on that issue.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 2 - Burden of Proof on Specific Issues › Section 523.

523. In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the state is in dispute, or (b) the validity of any state patent or grant dated prior to 1950 is in dispute, the state shall have the burden of proof on all issues relating to the historic locations of rivers, streams, and other water bodies and the authority of the state in issuing the patent or grant.
This section is not intended to nor shall it be construed to supersede existing statutes governing disputes where the state is a party and regarding title to real property.
(Added by Stats. 1994, Ch. 128, Sec. 2. Effective January 1, 1995.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 1 - Burden of Proof › ARTICLE 2 - Burden of Proof on Specific Issues › Section 524.

524. (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the burden of proof by clear and convincing evidence in sustaining its assertion of a penalty for intent to evade or fraud against a taxpayer, with respect to any factual issue relevant to ascertaining the liability of a taxpayer.
(b) Nothing in this section shall be construed to override any requirement for a taxpayer to substantiate any item on a return or claim filed with the State Board of Equalization.
(c) Nothing in this section shall subject a taxpayer to unreasonable search or access to records in violation of the United States Constitution, the California Constitution, or any other law.
(d) For purposes of this section, “taxpayer” includes a person on whom fees administered by the State Board of Equalization are imposed.
(Added by Stats. 2010, Ch. 168, Sec. 1. (AB 2195) Effective January 1, 2011.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 2 - Burden of Producing Evidence › Section 550.

550. (a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence.
(b) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 600.

600. (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence.
(b) An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts found or otherwise established in the action.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 601.

601. A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 602.

602. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 603.

603. A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 604.

604. The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 605.

605. A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor of establishment of a parent and child relationship, the validity of marriage, the stability of titles to property, or the security of those who entrust themselves or their property to the administration of others.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 606.

606. The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 1 - General › Section 607.

607. When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established beyond a reasonable doubt and, in such case, the defendant need only raise a reasonable doubt as to the existence of the presumed fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 2 - Conclusive Presumptions › Section 620.

620. The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 2 - Conclusive Presumptions › Section 622.

622. The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 2 - Conclusive Presumptions › Section 623.

623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 2 - Conclusive Presumptions › Section 624.

624. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 630.

630. The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 631.

631. Money delivered by one to another is presumed to have been due to the latter.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 632.

632. A thing delivered by one to another is presumed to have belonged to the latter.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 633.

633. An obligation delivered up to the debtor is presumed to have been paid.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 634.

634. A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 635.

635. An obligation possessed by the creditor is presumed not to have been paid.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 636.

636. The payment of earlier rent or installments is presumed from a receipt for later rent or installments.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 637.

637. The things which a person possesses are presumed to be owned by him.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 638.

638. A person who exercises acts of ownership over property is presumed to be the owner of it.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 639.

639. A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 640.

640. A writing is presumed to have been truly dated.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 641.

641. A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 642.

642. A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 643.

643. A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it:
(a) Is at least 30 years old;
(b) Is in such condition as to create no suspicion concerning its authenticity;
(c) Was kept, or if found was found, in a place where such writing, if authentic, would be likely to be kept or found; and
(d) Has been generally acted upon as authentic by persons having an interest in the matter.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 644.

644. A book, purporting to be printed or published by public authority, is presumed to have been so printed or published.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 645.

645. A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct reports of such cases.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 645.1.

645.1. Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average intervals not exceeding three months.
(Added by Stats. 1986, Ch. 330, Sec. 1.)