reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 7 - Hypnosis of Witnesses › Section 795.

795. (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the purpose of recalling events that are the subject of the witness’s testimony, if all of the following conditions are met:
(1) The testimony is limited to those matters that the witness recalled and related prior to the hypnosis.
(2) The substance of the prehypnotic memory was preserved in a writing, audio recording, or video recording prior to the hypnosis.
(3) The hypnosis was conducted in accordance with all of the following procedures:
(A) A written record was made prior to hypnosis documenting the subject’s description of the event, and information that was provided to the hypnotist concerning the subject matter of the hypnosis.
(B) The subject gave informed consent to the hypnosis.
(C) The hypnosis session, including the pre- and post-hypnosis interviews, was video recorded for subsequent review.
(D) The hypnosis was performed by a licensed physician and surgeon, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor experienced in the use of hypnosis and independent of and not in the presence of law enforcement, the prosecution, or the defense.
(4) Prior to admission of the testimony, the court holds a hearing pursuant to Section 402 at which the proponent of the evidence proves by clear and convincing evidence that the hypnosis did not so affect the witness as to render the witness’s prehypnosis recollection unreliable or to substantially impair the ability to cross-examine the witness concerning the witness’s prehypnosis recollection. At the hearing, each side shall have the right to present expert testimony and to cross-examine witnesses.
(b) Nothing in this section shall be construed to limit the ability of a party to attack the credibility of a witness who has undergone hypnosis, or to limit other legal grounds to admit or exclude the testimony of that witness.
(Amended by Stats. 2011, Ch. 381, Sec. 20. (SB 146) Effective January 1, 2012.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 800.

800. If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is:
(a) Rationally based on the perception of the witness; and
(b) Helpful to a clear understanding of his testimony.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 801.

801. If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is:
(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and
(b) Based on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 801.1.

801.1. (a) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, the party not bearing the burden of proof may offer a contrary expert only if its expert is able to opine that the proffered alternative cause or causes each exists to a reasonable medical probability, except as provided in subdivision (b).
(b) Subdivision (a) does not preclude a witness testifying as an expert from testifying that a matter cannot meet a reasonable degree of probability in the applicable field, and providing the basis for that opinion.
(Amended (as added by Stats. 2023, Ch. 75) by Stats. 2023, Ch. 190, Sec. 1. (SB 135) Effective September 13, 2023. Operative January 1 2024, pursuant to Sec. 13 of Ch. 190, Stats 2023.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 802.

802. A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion. The court in its discretion may require that a witness before testifying in the form of an opinion be first examined concerning the matter upon which his opinion is based.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 803.

803. The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion. In such case, the witness may, if there remains a proper basis for his opinion, then state his opinion after excluding from consideration the matter determined to be improper.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 804.

804. (a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such other person may be called and examined by any adverse party as if under cross-examination concerning the opinion or statement.
(b) This section is not applicable if the person upon whose opinion or statement the expert witness has relied 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 opinion or statement upon which the expert witness has relied.
(c) Nothing in this section makes admissible an expert opinion that is inadmissible because it is based in whole or in part on the opinion or statement of another person.
(d) An expert opinion otherwise admissible is not made inadmissible by this section because it is based on the opinion or statement of a person who is unavailable for examination pursuant to this section.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 1 - Expert and Other Opinion Testimony Generally › Section 805.

805. Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 810.

810. (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of property is to be ascertained.
(b) This article does not govern ad valorem property tax assessment or equalization proceedings.
(Amended by Stats. 1980, Ch. 381.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 811.

811. As used in this article, “value of property” means market value of any of the following:
(a) Real property or any interest therein.
(b)  Real property or any interest therein and tangible personal property valued as a unit.
(Amended by Stats. 1980, Ch. 381.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 812.

812. This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market value,” whether denominated “fair market value” or otherwise.
(Amended by Stats. 1978, Ch. 294.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 813.

813. (a) The value of property may be shown only by the opinions of any of the following:
(1) Witnesses qualified to express such opinions.
(2) The owner or the spouse of the owner of the property or property interest being valued.
(3) An officer, regular employee, or partner designated by a corporation, partnership, or unincorporated association that is the owner of the property or property interest being valued, if the designee is knowledgeable as to the value of the property or property interest.
(b) Nothing in this section prohibits a view of the property being valued or the admission of any other admissible evidence (including but not limited to evidence as to the nature and condition of the property and, in an eminent domain proceeding, the character of the improvement proposed to be constructed by the plaintiff) for the limited purpose of enabling the court, jury, or referee to understand and weigh the testimony given under subdivision (a); and such evidence, except evidence of the character of the improvement proposed to be constructed by the plaintiff in an eminent domain proceeding, is subject to impeachment and rebuttal.
(c) For the purposes of subdivision (a), “owner of the property or property interest being valued” includes, but is not limited to, the following persons:
(1) A person entitled to possession of the property.
(2) Either party in an action or proceeding to determine the ownership of the property between the parties if the court determines that it would not be in the interest of efficient administration of justice to determine the issue of ownership prior to the admission of the opinion of the party.
(Amended by Stats. 1980, Ch. 381.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 814.

814. The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witness or made known to the witness at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion as to the value of property, including but not limited to the matters listed in Sections 815 to 821, inclusive, unless a witness is precluded by law from using such matter as a basis for an opinion.
(Amended by Stats. 1980, Ch. 381.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 815.

815. When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and circumstances of any sale or contract to sell and purchase which included the property or property interest being valued or any part thereof if the sale or contract was freely made in good faith within a reasonable time before or after the date of valuation, except that in an eminent domain proceeding where the sale or contract to sell and purchase includes only the property or property interest being taken or a part thereof, such sale or contract to sell and purchase may not be taken into account if it occurs after the filing of the lis pendens.
(Amended by Stats. 1978, Ch. 294.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 816.

816. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and circumstances of any sale or contract to sell and purchase comparable property if the sale or contract was freely made in good faith within a reasonable time before or after the date of valuation. In order to be considered comparable, the sale or contract must have been made sufficiently near in time to the date of valuation, and the property sold must be located sufficiently near the property being valued, and must be sufficiently alike in respect to character, size, situation, usability, and improvements, to make it clear that the property sold and the property being valued are comparable in value and that the price realized for the property sold may fairly be considered as shedding light on the value of the property being valued.
(Added by Stats. 1965, Ch. 1151.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 817.

817. (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the rent reserved and other terms and circumstances of any lease which included the property or property interest being valued or any part thereof which was in effect within a reasonable time before or after the date of valuation, except that in an eminent domain proceeding where the lease includes only the property or property interest being taken or a part thereof, such lease may not be taken into account in the determination of the value of property if it is entered into after the filing of the lis pendens.
(b) A witness may take into account a lease providing for a rental fixed by a percentage or other measurable portion of gross sales or gross income from a business conducted on the leased property only for the purpose of arriving at an opinion as to the reasonable net rental value attributable to the property or property interest being valued as provided in Section 819 or determining the value of a leasehold interest.
(Amended by Stats. 1978, Ch. 294.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 818.

818. For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued as provided in Section 819 or determining the value of a leasehold interest, a witness may take into account as a basis for his opinion the rent reserved and other terms and circumstances of any lease of comparable property if the lease was freely made in good faith within a reasonable time before or after the date of valuation.
(Added by Stats. 1965, Ch. 1151.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 819.

819. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the reasonable net rental value attributable to the land and existing improvements thereon (as distinguished from the capitalized value of the income or profits attributable to the business conducted thereon).
(Added by Stats. 1965, Ch. 1151.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 820.

820. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or property interest being valued as indicated by the value of the land together with the cost of replacing or reproducing the existing improvements thereon, if the improvements enhance the value of the property or property interest for its highest and best use, less whatever depreciation or obsolescence the improvements have suffered.
(Added by Stats. 1965, Ch. 1151.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 821.

821. When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements on properties in the general vicinity of the property or property interest being valued and the character of the existing uses being made of such properties.
(Added by Stats. 1965, Ch. 1151.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 822.

822. (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is inadmissible as evidence and shall not be taken into account as a basis for an opinion as to the value of property:
(1) The price or other terms and circumstances of an acquisition of property or a property interest if the acquisition was for a public use for which the property could have been taken by eminent domain.
The price or other terms and circumstances shall not be excluded pursuant to this paragraph if the proceeding relates to the valuation of all or part of a water system as defined in Section 240 of the Public Utilities Code.
(2) The price at which an offer or option to purchase or lease the property or property interest being valued or any other property was made, or the price at which the property or interest was optioned, offered, or listed for sale or lease, except that an option, offer, or listing may be introduced by a party as an admission of another party to the proceeding; but nothing in this subdivision permits an admission to be used as direct evidence upon any matter that may be shown only by opinion evidence under Section 813.
(3) The value of any property or property interest as assessed for taxation purposes or the amount of taxes which may be due on the property, but nothing in this subdivision prohibits the consideration of actual or estimated taxes for the purpose of determining the reasonable net rental value attributable to the property or property interest being valued.
(4) An opinion as to the value of any property or property interest other than that being valued.
(5) The influence upon the value of the property or property interest being valued of any noncompensable items of value, damage, or injury.
(6) The capitalized value of the income or rental from any property or property interest other than that being valued.
(b) In an action other than an eminent domain or inverse condemnation proceeding, the matters listed in subdivision (a) are not admissible as evidence, and may not be taken into account as a basis for an opinion as to the value of property, except to the extent permitted under the rules of law otherwise applicable.
(Amended by Stats. 2000, Ch. 948, Sec. 1. Effective January 1, 2001.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 823.

823. Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any method of valuation that is just and equitable.
(Amended by Stats. 1992, Ch. 7, Sec. 4. Effective January 1, 1993.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 2 - Evidence of Market Value of Property › Section 824.

824. (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, for which there is no relevant, comparable market, is the cost of purchasing land and the reasonable cost of making it suitable for the conduct of the same nonprofit, special use, together with the cost of constructing similar improvements. The method for determining compensation for improvements shall be as set forth in subdivision (b).
(b) Notwithstanding any other provision of this article, a witness providing opinion testimony on the value of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, for which there is no relevant, comparable market, shall base his or her opinion on the value of reproducing the improvements without taking into consideration any depreciation or obsolescence of the improvements.
(c) This section does not apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rights-of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner’s present or proposed use.
(Added by Stats. 1992, Ch. 7, Sec. 5. Effective January 1, 1993.)
2023 California Code › Evidence Code - EVID › DIVISION 7 - OPINION TESTIMONY AND SCIENTIFIC EVIDENCE › CHAPTER 1 - Expert and Other Opinion Testimony › ARTICLE 3 - Opinion Testimony on Particular Subjects › Section 870.

870. A witness may state his opinion as to the sanity of a person when:
(a) The witness is an intimate acquaintance of the person whose sanity is in question;
(b) The witness was a subscribing witness to a writing, the validity of which is in dispute, signed by the person whose sanity is in question and the opinion relates to the sanity of such person at the time the writing was signed; or
(c) The witness is qualified under Section 800 or 801 to testify in the form of an opinion.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 1 - Definitions › Section 901.

901. “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 1 - Definitions › Section 903.

903. “Criminal proceeding” means:
(a) A criminal action; and
(b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code to determine whether a public officer should be removed from office for willful or corrupt misconduct in office.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 2 - Applicability of Division › Section 910.

910. Except as otherwise provided by statute, the provisions of this division apply in all proceedings. The provisions of any statute making rules of evidence inapplicable in particular proceedings, or limiting the applicability of rules of evidence in particular proceedings, do not make this division inapplicable to such proceedings.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 911.

911. Except as otherwise provided by statute:
(a) No person has a privilege to refuse to be a witness.
(b) No person has a privilege to refuse to disclose any matter or to refuse to produce any writing, object, or other thing.
(c) No person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any writing, object, or other thing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 912.

912. (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 980 (privilege for confidential marital communications), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1033 (privilege of penitent), 1034 (privilege of clergy member), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege) is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to disclosure made by anyone. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceeding in which the holder has legal standing and the opportunity to claim the privilege.
(b) Where two or more persons are joint holders of a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), a waiver of the right of a particular joint holder of the privilege to claim the privilege does not affect the right of another joint holder to claim the privilege. In the case of the privilege provided by Section 980 (privilege for confidential marital communications), a waiver of the right of one spouse to claim the privilege does not affect the right of the other spouse to claim the privilege.
(c) A disclosure that is itself privileged is not a waiver of any privilege.
(d) A disclosure in confidence of a communication that is protected by a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 994 (physician-patient privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual assault counselor-victim privilege), 1037.5 (domestic violence counselor-victim privilege), or 1038 (human trafficking caseworker-victim privilege), when disclosure is reasonably necessary for the accomplishment of the purpose for which the lawyer, lawyer referral service, physician, psychotherapist, sexual assault counselor, domestic violence counselor, or human trafficking caseworker was consulted, is not a waiver of the privilege.
(Amended by Stats. 2014, Ch. 913, Sec. 13. (AB 2747) Effective January 1, 2015.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 913.

913. (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any matter, neither the presiding officer nor counsel may comment thereon, no presumption shall arise because of the exercise of the privilege, and the trier of fact may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding.
(b) The court, at the request of a party who may be adversely affected because an unfavorable inference may be drawn by the jury because a privilege has been exercised, shall instruct the jury that no presumption arises because of the exercise of the privilege and that the jury may not draw any inference therefrom as to the credibility of the witness or as to any matter at issue in the proceeding.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 914.

914. (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2 (commencing with Section 400) of Chapter 4 of Division 3.
(b) No person may be held in contempt for failure to disclose information claimed to be privileged unless he has failed to comply with an order of a court that he disclose such information. This subdivision does not apply to any governmental agency that has constitutional contempt power, nor does it apply to hearings and investigations of the Industrial Accident Commission, nor does it impliedly repeal Chapter 4 (commencing with Section 9400) of Part 1 of Division 2 of Title 2 of the Government Code. If no other statutory procedure is applicable, the procedure prescribed by Section 1991 of the Code of Civil Procedure shall be followed in seeking an order of a court that the person disclose the information claimed to be privileged.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 915.

915. (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work product under subdivision (a) of Section 2018.030 of the Code of Civil Procedure in order to rule on the claim of privilege; provided, however, that in any hearing conducted pursuant to subdivision (c) of Section 1524 of the Penal Code in which a claim of privilege is made and the court determines that there is no other feasible means to rule on the validity of the claim other than to require disclosure, the court shall proceed in accordance with subdivision (b).
(b) When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter 4 (official information and identity of informer) or under Section 1060 (trade secret) or under subdivision (b) of Section 2018.030 of the Code of Civil Procedure (attorney work product) and is unable to do so without requiring disclosure of the information claimed to be privileged, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and any other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged, neither the judge nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers.
(Amended by Stats. 2004, Ch. 182, Sec. 29. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 916.

916. (a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:
(1) The person from whom the information is sought is not a person authorized to claim the privilege; and
(2) There is no party to the proceeding who is a person authorized to claim the privilege.
(b) The presiding officer may not exclude information under this section if:
(1) He is otherwise instructed by a person authorized to permit disclosure; or
(2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 917.

917. (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client, lawyer referral service-client, physician-patient, psychotherapist-patient, clergy-penitent, marital or domestic partnership, sexual assault counselor-victim, domestic violence counselor-victim, or human trafficking caseworker-victim relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential.
(b) A communication between persons in a relationship listed in subdivision (a) does not lose its privileged character for the sole reason that it is communicated by electronic means or because persons involved in the delivery, facilitation, or storage of electronic communication may have access to the content of the communication.
(c) For purposes of this section, “electronic” has the same meaning provided in Section 1633.2 of the Civil Code.
(Amended by Stats. 2016, Ch. 50, Sec. 33. (SB 1005) Effective January 1, 2017.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 918.

918. A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on a ruling disallowing a claim of privilege by his spouse under Section 970 or 971.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 3 - General Provisions Relating to Privileges › Section 919.

919. (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if:
(1) A person authorized to claim the privilege claimed it but nevertheless disclosure erroneously was required to be made; or
(2) The presiding officer did not exclude the privileged information as required by Section 916.
(b) If a person authorized to claim the privilege claimed it, whether in the same or a prior proceeding, but nevertheless disclosure erroneously was required by the presiding officer to be made, neither the failure to refuse to disclose nor the failure to seek review of the order of the presiding officer requiring disclosure indicates consent to the disclosure or constitutes a waiver and, under these circumstances, the disclosure is one made under coercion.
(Amended by Stats. 1974, Ch. 227.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 1 - Privilege of Defendant in Criminal Case › Section 930.

930. To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a privilege not to be called as a witness and not to testify.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 2 - Privilege Against Self-Incrimination › Section 940.

940. To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend to incriminate him.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 950.

950. As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 951.

951. As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 952.

952. As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship.
(Amended by Stats. 2002, Ch. 72, Sec. 3. Effective January 1, 2003.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 953.

953. As used in this article, “holder of the privilege” means:
(a) The client, if the client has no guardian or conservator.
(b) (1) A guardian or conservator of the client, if the client has a guardian or conservator, except as provided in paragraph (2).
(2) If the guardian or conservator has an actual or apparent conflict of interest with the client, then the guardian or conservator does not hold the privilege.
(c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code.
(d) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.
(Amended by Stats. 2018, Ch. 475, Sec. 1. (AB 1290) Effective January 1, 2019.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 954.

954. Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by:
(a) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(c) The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure.
The relationship of attorney and client shall exist between a law corporation as defined in Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of the Business and Professions Code and the persons to whom it renders professional services, as well as between such persons and members of the State Bar employed by such corporation to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations and other groups and entities.
(Amended by Stats. 1994, Ch. 1010, Sec. 104. Effective January 1, 1995.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 955.

955. The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 954.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 956.

956. (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.
(b) This exception to the privilege granted by this article shall not apply to legal services rendered in compliance with state and local laws on medicinal cannabis or adult-use cannabis, and confidential communications provided for the purpose of rendering those services are confidential communications between client and lawyer, as defined in Section 952, provided the lawyer also advises the client on conflicts with respect to federal law.
(Amended by Stats. 2017, Ch. 530, Sec. 2. (AB 1159) Effective January 1, 2018.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 956.5.

956.5. There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.
(Amended by Stats. 2004, Ch. 183, Sec. 94. Effective January 1, 2005.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 957.

957. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession, nonprobate transfer, or inter vivos transaction.
(Amended by Stats. 2009, Ch. 8, Sec. 2. (AB 1163) Effective January 1, 2010.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 958.

958. There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 959.

959. There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attesting witness, or concerning the execution or attestation of such a document.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 960.

960. There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the client, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 961.

961. There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a client, now deceased, purporting to affect an interest in property.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3 - Lawyer-Client Privilege › Section 962.

962. Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a privilege under this article as to a communication made in the course of that relationship when such communication is offered in a civil proceeding between one of such clients (or his successor in interest) and another of such clients (or his successor in interest).
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 8 - PRIVILEGES › CHAPTER 4 - Particular Privileges › ARTICLE 3.5 - Lawyer Referral Service-Client Privilege › Section 965.

965. For purposes of this article, the following terms have the following meanings:
(a) “Client” means a person who, directly or through an authorized representative, consults a lawyer referral service for the purpose of retaining, or securing legal services or advice from, a lawyer in his or her professional capacity, and includes an incompetent who consults the lawyer referral service himself or herself or whose guardian or conservator consults the lawyer referral service on his or her behalf.
(b) “Confidential communication between client and lawyer referral service” means information transmitted between a client and a lawyer referral service in the course of that relationship and in confidence by a means that, so far as the client is aware, does not disclose the information to third persons other than those who are present to further the interests of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer referral service is consulted.
(c) “Holder of the privilege” means any of the following:
(1) The client, if the client has no guardian or conservator.
(2) A guardian or conservator of the client, if the client has a guardian or conservator.
(3) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code.
(4) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.
(d) “Lawyer referral service” means a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code or an enterprise reasonably believed by the client to be a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code.
(Added by Stats. 2013, Ch. 123, Sec. 2. (AB 267) Effective January 1, 2014.)