reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 9 - Former Testimony › Section 1293.

1293. (a) Evidence of former testimony made at a preliminary examination by a minor child who was the complaining witness is not made inadmissible by the hearsay rule if:
(1) The former testimony is offered in a proceeding to declare the minor a dependent child of the court pursuant to Section 300 of the Welfare and Institutions Code.
(2) The issues are such that a defendant in the preliminary examination in which the former testimony was given had the right and opportunity to cross-examine the minor child with an interest and motive similar to that which the parent or guardian against whom the testimony is offered has at the proceeding to declare the minor a dependent child of the court.
(b) The admissibility of former testimony under this section is subject to the same limitations and objections as though the minor child were testifying at the proceeding to declare him or her a dependent child of the court.
(c) The attorney for the parent or guardian against whom the former testimony is offered or, if none, the parent or guardian may make a motion to challenge the admissibility of the former testimony upon a showing that new substantially different issues are present in the proceeding to declare the minor a dependent child than were present in the preliminary examination.
(d) As used in this section, “complaining witness” means the alleged victim of the crime for which a preliminary examination was held.
(e) This section shall apply only to testimony made at a preliminary examination on and after January 1, 1990.
(Added by Stats. 1989, Ch. 322, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 9 - Former Testimony › Section 1294.

1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:
(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.
(c) As used in this section, “conditional examination” has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
(Amended by Stats. 2018, Ch. 64, Sec. 1. (AB 1736) Effective January 1, 2019.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 10 - Judgments › Section 1300.

1300. Evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made inadmissible by the hearsay rule when offered in a civil action to prove any fact essential to the judgment whether or not the judgment was based on a plea of nolo contendere.
(Amended by Stats. 1982, Ch. 390, Sec. 2.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 10 - Judgments › Section 1301.

1301. Evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgment debtor to prove any fact which was essential to the judgment in an action in which he seeks to:
(a) Recover partial or total indemnity or exoneration for money paid or liability incurred because of the judgment;
(b) Enforce a warranty to protect the judgment debtor against the liability determined by the judgment; or
(c) Recover damages for breach of warranty substantially the same as the warranty determined by the judgment to have been breached.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 10 - Judgments › Section 1302.

1302. When the liability, obligation, or duty of a third person is in issue in a civil action, evidence of a final judgment against that person is not made inadmissible by the hearsay rule when offered to prove such liability, obligation, or duty.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1310.

1310. (a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1311.

1311. (a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a person other than the declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:
(1) The declarant was related to the other by blood or marriage; or
(2) The declarant was otherwise so intimately associated with the other’s family as to be likely to have had accurate information concerning the matter declared and made the statement (i) upon information received from the other or from a person related by blood or marriage to the other or (ii) upon repute in the other’s family.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1312.

1312. Evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones, and the like, is not made inadmissible by the hearsay rule when offered to prove the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1313.

1313. Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1314.

1314. Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the time of the reputation is not made inadmissible by the hearsay rule.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1315.

1315. Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history which is contained in a writing made as a record of a church, religious denomination, or religious society is not made inadmissible by the hearsay rule if:
(a) The statement is contained in a writing made as a record of an act, condition, or event that would be admissible as evidence of such act, condition, or event under Section 1271; and
(b) The statement is of a kind customarily recorded in connection with the act, condition, or event recorded in the writing.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 11 - Family History › Section 1316.

1316. Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and:
(a) The maker was a clergyman, civil officer, or other person authorized to perform the acts reported in the certificate by law or by the rules, regulations, or requirements of a church, religious denomination, or religious society; and
(b) The certificate was issued by the maker at the time and place of the ceremony or sacrament or within a reasonable time thereafter.
(Amended by Stats. 1975, Ch. 1244.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character › Section 1320.

1320. Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the community or of the state or nation of which the community is a part and the event was of importance to the community.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character › Section 1321.

1321. Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns the interest of the public in property in the community and the reputation arose before controversy.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character › Section 1322.

1322. Evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns boundaries of, or customs affecting, land in the community and the reputation arose before controversy.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character › Section 1323.

1323. Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and had sufficient knowledge of the subject, but evidence of a statement is not admissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 12 - Reputation and Statements Concerning Community History, Property Interests, and Character › Section 1324.

1324. Evidence of a person’s general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then resided or in a group with which he then habitually associated is not made inadmissible by the hearsay rule.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 13 - Dispositive Instruments and Ancient Writings › Section 1330.

1330. Evidence of a statement contained in a deed of conveyance or a will or other writing purporting to affect an interest in real or personal property is not made inadmissible by the hearsay rule if:
(a) The matter stated was relevant to the purpose of the writing;
(b) The matter stated would be relevant to an issue as to an interest in the property; and
(c) The dealings with the property since the statement was made have not been inconsistent with the truth of the statement.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 13 - Dispositive Instruments and Ancient Writings › Section 1331.

1331. Evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained in a writing more than 30 years old and the statement has been since generally acted upon as true by persons having an interest in the matter.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 14 - Commercial, Scientific, and Similar Publications › Section 1340.

1340. Evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register, or other published compilation is not made inadmissible by the hearsay rule if the compilation is generally used and relied upon as accurate in the course of a business as defined in Section 1270.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 14 - Commercial, Scientific, and Similar Publications › Section 1341.

1341. Historical works, books of science or art, and published maps or charts, made by persons indifferent between the parties, are not made inadmissible by the hearsay rule when offered to prove facts of general notoriety and interest.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 16 - Statements by Children Under the Age of 12 in Child Neglect and Abuse Proceedings › Section 1360.

1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:
(1) The statement is not otherwise admissible by statute or court rule.
(2) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.
(3) The child either:
(A) Testifies at the proceedings.
(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child.
(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.
(c) For purposes of this section, “child abuse” means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and “child neglect” means any of the acts described in Section 11165.2 of the Penal Code.
(Added by Stats. 1995, Ch. 87, Sec. 3. Effective January 1, 1996.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 17 - Physical Abuse › Section 1370.

1370. (a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of the following conditions are met:
(1) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant.
(2) The declarant is unavailable as a witness pursuant to Section 240.
(3) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of statements made more than five years before the filing of the current action or proceeding shall be inadmissible under this section.
(4) The statement was made under circumstances that would indicate its trustworthiness.
(5) The statement was made in writing, was electronically recorded, or made to a physician, nurse, paramedic, or to a law enforcement official.
(b) For purposes of paragraph (4) of subdivision (a), circumstances relevant to the issue of trustworthiness include, but are not limited to, the following:
(1) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested.
(2) Whether the declarant has a bias or motive for fabricating the statement, and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section.
(c) A statement is admissible pursuant to this section only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.
(Amended by Stats. 2000, Ch. 1001, Sec. 2. Effective January 1, 2001.)
2023 California Code › Evidence Code - EVID › DIVISION 10 - HEARSAY EVIDENCE › CHAPTER 2 - Exceptions to the Hearsay Rule › ARTICLE 17 - Physical Abuse › Section 1390.

1390. (a) Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.
(b) (1) The party seeking to introduce a statement pursuant to subdivision (a) shall establish, by a preponderance of the evidence, that the elements of subdivision (a) have been met at a foundational hearing.
(2) The hearsay evidence that is the subject of the foundational hearing is admissible at the foundational hearing. However, a finding that the elements of subdivision (a) have been met shall not be based solely on the unconfronted hearsay statement of the unavailable declarant, and shall be supported by independent corroborative evidence.
(3) The foundational hearing shall be conducted outside the presence of the jury. However, if the hearing is conducted after a jury trial has begun, the judge presiding at the hearing may consider evidence already presented to the jury in deciding whether the elements of subdivision (a) have been met.
(4) In deciding whether or not to admit the statement, the judge may take into account whether it is trustworthy and reliable.
(c) This section shall apply to any civil, criminal, or juvenile case or proceeding initiated or pending as of January 1, 2011.
(Amended by Stats. 2015, Ch. 55, Sec. 1. (AB 593) Effective January 1, 2016.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 1 - Requirement of Authentication › Section 1400.

1400. Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 1 - Requirement of Authentication › Section 1401.

1401. (a) Authentication of a writing is required before it may be received in evidence.
(b) Authentication of a writing is required before secondary evidence of its content may be received in evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 1 - Requirement of Authentication › Section 1402.

1402. The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the alteration or appearance thereof. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he does that, he may give the writing in evidence, but not otherwise.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1410.

1410. Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1410.5.

1410.5. (a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a particular meaning.
(b) Any writing described in subdivision (a), or any photograph thereof, may be admitted into evidence in an action for vandalism, for the purpose of proving that the writing was made by the defendant.
(c) The admissibility of any fact offered to prove that the writing was made by the defendant shall, upon motion of the defendant, be ruled upon outside the presence of the jury, and is subject to the requirements of Sections 1416, 1417, and 1418.
(Added by Stats. 1989, Ch. 660, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1411.

1411. Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1412.

1412. If the testimony of a subscribing witness is required by statute to authenticate a writing and the subscribing witness denies or does not recollect the execution of the writing, the writing may be authenticated by other evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1414.

1414. A writing may be authenticated by evidence that:
(a) The party against whom it is offered has at any time admitted its authenticity; or
(b) The writing has been acted upon as authentic by the party against whom it is offered.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1416.

1416. A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the court finds that he has personal knowledge of the handwriting of the supposed writer. Such personal knowlegde may be acquired from:
(a) Having seen the supposed writer write;
(b) Having seen a writing purporting to be in the handwriting of the supposed writer and upon which the supposed writer has acted or been charged;
(c) Having received letters in the due course of mail purporting to be from the supposed writer in response to letters duly addressed and mailed by him to the supposed writer; or
(d) Any other means of obtaining personal knowledge of the handwriting of the supposed writer.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1417.

1417. The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1418.

1418. The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1419.

1419. Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing purporting to be genuine, and generally respected and acted upon as such, by persons having an interest in knowing whether it is genuine.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1420.

1420. A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of the evidence to be the author of the writing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 2 - Means of Authenticating and Proving Writings › Section 1421.

1421. A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is claimed by the proponent of the evidence to be the author of the writing.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 3 - Presumptions Affecting Acknowledged Writings and Official Writings › Section 1451.

1451. A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of such a writing, is prima facie evidence of the facts recited in the certificate and the genuineness of the signature of each person by whom the writing purports to have been signed if the certificate meets the requirements of Article 3 (commencing with Section 1180) of Chapter 4, Title 4, Part 4, Division 2 of the Civil Code.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 3 - Presumptions Affecting Acknowledged Writings and Official Writings › Section 1452.

1452. A seal is presumed to be genuine and its use authorized if it purports to be the seal of:
(a) The United States or a department, agency, or public employee of the United States.
(b) A public entity in the United States or a department, agency, or public employee of such public entity.
(c) A nation recognized by the executive power of the United States or a department, agency, or officer of such nation.
(d) A public entity in a nation recognized by the executive power of the United States or a department, agency, or officer of such public entity.
(e) A court of admiralty or maritime jurisdiction.
(f) A notary public within any state of the United States.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 3 - Presumptions Affecting Acknowledged Writings and Official Writings › Section 1453.

1453. A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of:
(a) A public employee of the United States.
(b) A public employee of any public entity in the United States.
(c) A notary public within any state of the United States.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 1 - Authentication and Proof of Writings › ARTICLE 3 - Presumptions Affecting Acknowledged Writings and Official Writings › Section 1454.

1454. A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of an officer, of a nation or public entity in a nation recognized by the executive power of the United States and the writing to which the signature is affixed is accompanied by a final statement certifying the genuineness of the signature and the official position of (a) the person who executed the writing or (b) any foreign official who has certified either the genuineness of the signature and official position of the person executing the writing or the genuineness of the signature and official position of another foreign official who has executed a similar cetificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the person executing the writing. The final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation, authenticated by the seal of his office.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 1 - Proof of the Content of a Writing › Section 1520.

1520. The content of a writing may be proved by an otherwise admissible original.
(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 1 - Proof of the Content of a Writing › Section 1521.

1521. (a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following:
(1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.
(2) Admission of the secondary evidence would be unfair.
(b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing).
(c) Nothing in this section excuses compliance with Section 1401 (authentication).
(d) This section shall be known as the “Secondary Evidence Rule.”
(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 1 - Proof of the Content of a Writing › Section 1522.

1522. (a) In addition to the grounds for exclusion authorized by Section 1521, in a criminal action the court shall exclude secondary evidence of the content of a writing if the court determines that the original is in the proponent’s possession, custody, or control, and the proponent has not made the original reasonably available for inspection at or before trial. This section does not apply to any of the following:
(1) A duplicate as defined in Section 260.
(2) A writing that is not closely related to the controlling issues in the action.
(3) A copy of a writing in the custody of a public entity.
(4) A copy of a writing that is recorded in the public records, if the record or a certified copy of it is made evidence of the writing by statute.
(b) In a criminal action, a request to exclude secondary evidence of the content of a writing, under this section or any other law, shall not be made in the presence of the jury.
(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 1 - Proof of the Content of a Writing › Section 1523.

1523. (a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing.
(b) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writing and the original is lost or has been destroyed without fraudulent intent on the part of the proponent of the evidence.
(c) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of the original or a copy of the writing and either of the following conditions is satisfied:
(1) Neither the writing nor a copy of the writing was reasonably procurable by the proponent by use of the court’s process or by other available means.
(2) The writing is not closely related to the controlling issues and it would be inexpedient to require its production.
(d) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the writing consists of numerous accounts or other writings that cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.
(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 2 - Official Writings and Recorded Writings › Section 1530.

1530. (a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and content of such writing or entry if:
(1) The copy purports to be published by the authority of the nation or state, or public entity therein in which the writing is kept;
(2) The office in which the writing is kept is within the United States or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, and the copy is attested or certified as a correct copy of the writing or entry by a public employee, or a deputy of a public employee, having the legal custody of the writing; or
(3) The office in which the writing is kept is not within the United States or any other place described in paragraph (2) and the copy is attested as a correct copy of the writing or entry by a person having authority to make attestation. The attestation must be accompanied by a final statement certifying the genuineness of the signature and the official position of (i) the person who attested the copy as a correct copy or (ii) any foreign official who has certified either the genuineness of the signature and official position of the person attesting the copy or the genuineness of the signature and official position of another foreign official who has executed a similar certificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the person attesting the copy. Except as provided in the next sentence, the final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. Prior to January 1, 1971, the final statement may also be made by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation in which the writing is kept, authenticated by the seal of his office. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (i) admit an attested copy without the final statement or (ii) permit the writing or entry in foreign custody to be evidenced by an attested summary with or without a final statement.
(b) The presumptions established by this section are presumptions affecting the burden of producing evidence.
(Amended by Stats. 1970, Ch. 41.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 2 - Official Writings and Recorded Writings › Section 1531.

1531. For the purpose of evidence, whenever a copy of a writing is attested or certified, the attestation or certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 2 - Official Writings and Recorded Writings › Section 1532.

1532. (a) The official record of a writing is prima facie evidence of the existence and content of the original recorded writing if:
(1) The record is in fact a record of an office of a public entity; and
(2) A statute authorized such a writing to be recorded in that office.
(b) The presumption established by this section is a presumption affecting the burden of producing evidence.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1550.

1550. A nonerasable optical image reproduction provided that additions, deletions, or changes to the original document are not permitted by the technology, a photostatic, microfilm, microcard, miniature photographic, or other photographic copy or reproduction, or an enlargement thereof, of a writing is as admissible as the writing itself if the copy or reproduction was made and preserved as a part of the records of a business (as defined by Section 1270) in the regular course of that business. The introduction of the copy, reproduction, or enlargement does not preclude admission of the original writing if it is still in existence. A court may require the introduction of a hard copy printout of the document.
(Amended by Stats. 1992, Ch. 876, Sec. 10. Effective January 1, 1993. Superseded on operative date of amendment by Stats. 2002, Ch. 124.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1550.

1550. (a) If made and preserved as a part of the records of a business, as defined in Section 1270, in the regular course of that business, the following types of evidence of a writing are as admissible as the writing itself:
(1) A nonerasable optical image reproduction or any other reproduction of a public record by a trusted system, as defined in Section 12168.7 of the Government Code, if additions, deletions, or changes to the original document are not permitted by the technology.
(2) A photostatic copy or reproduction.
(3) A microfilm, microcard, or miniature photographic copy, reprint, or enlargement.
(4) Any other photographic copy or reproduction, or an enlargement thereof.
(b) The introduction of evidence of a writing pursuant to subdivision (a) does not preclude admission of the original writing if it is still in existence. A court may require the introduction of a hard copy printout of the document.
(Amended by Stats. 2002, Ch. 124, Sec. 1. Effective January 1, 2003. Operative, by Sec. 2 of Ch. 124, when Secretary of State adopts specified standards regarding storage of documents in electronic media.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1550.1.

1550.1. Reproductions of files, records, writings, photographs, fingerprints or other instruments in the official custody of a criminal justice agency that were microphotographed or otherwise reproduced in a manner that conforms with the provisions of Section 11106.1, 11106.2, or 11106.3 of the Penal Code shall be admissible to the same extent and under the same circumstances as the original file, record, writing or other instrument would be admissible.
(Added by Stats. 2004, Ch. 65, Sec. 1. Effective January 1, 2005.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1551.

1551. A print, whether enlarged or not, from a photographic film (including a photographic plate, microphotographic film, photostatic negative, or similar reproduction) of an original writing destroyed or lost after such film was taken or a reproduction from an electronic recording of video images on magnetic surfaces is admissible as the original writing itself if, at the time of the taking of such film or electronic recording, the person under whose direction and control it was taken attached thereto, or to the sealed container in which it was placed and has been kept, or incorporated in the film or electronic recording, a certification complying with the provisions of Section 1531 and stating the date on which, and the fact that, it was so taken under his direction and control.
(Amended by Stats. 1969, Ch. 646.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1552.

1552. (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or computer program that it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of computer information or computer program is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the computer information or computer program that it purports to represent.
(b) Subdivision (a) applies to the printed representation of computer-generated information stored by an automated traffic enforcement system.
(c) Subdivision (a) shall not apply to computer-generated official records certified in accordance with Section 452.5 or 1530.
(Amended by Stats. 2012, Ch. 735, Sec. 1. (SB 1303) Effective January 1, 2013.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 3 - Photographic Copies and Printed Representations of Writings › Section 1553.

1553. (a) A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of images stored on a video or digital medium is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the images that it purports to represent.
(b) Subdivision (a) applies to the printed representation of video or photographic images stored by an automated traffic enforcement system.
(Amended by Stats. 2012, Ch. 735, Sec. 2. (SB 1303) Effective January 1, 2013.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 4 - Production of Business Records › Section 1561.

1561. (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:
(1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records.
(2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be.
(3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event.
(4) The identity of the records.
(5) A description of the mode of preparation of the records.
(b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560.
(c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian’s or witness’ place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying.
(Amended by Stats. 2016, Ch. 85, Sec. 2. (SB 1087) Effective January 1, 2017.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 4 - Production of Business Records › Section 1562.

1562. If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, and if the requirements of Section 1271 have been met, the copy of the records is admissible in evidence. The affidavit is admissible as evidence of the matters stated therein pursuant to Section 1561 and the matters so stated are presumed true. When more than one person has knowledge of the facts, more than one affidavit may be made. The presumption established by this section is a presumption affecting the burden of producing evidence.
(Amended by Stats. 1996, Ch. 146, Sec. 2. Effective January 1, 1997.)