reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 646.

646. (a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates.
(b) The judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence.
(c) If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that:
(1) If the facts which would give rise to res ipsa loquitur presumption are found or otherwise established, the jury may draw the inference from such facts that a proximate cause of the occurrence was some negligent conduct on the part of the defendant; and
(2) The jury shall not find that a proximate cause of the occurrence was some negligent conduct on the part of the defendant unless the jury believes, after weighing all the evidence in the case and drawing such inferences therefrom as the jury believes are warranted, that it is more probable than not that the occurrence was caused by some negligent conduct on the part of the defendant.
(Added by Stats. 1970, Ch. 69.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 3 - Presumptions Affecting the Burden of Producing Evidence › Section 647.

647. The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.
(Added by Stats. 1978, Ch. 528.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 660.

660. The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are presumptions affecting the burden of proof.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 662.

662. The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 663.

663. A ceremonial marriage is presumed to be valid.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 664.

664. It is presumed that official duty has been regularly performed. This presumption does not apply on an issue as to the lawfulness of an arrest if it is found or otherwise established that the arrest was made without a warrant.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 665.

665. A person is presumed to intend the ordinary consequences of his voluntary act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 666.

666. Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such, is presumed to have acted in the lawful exercise of its jurisdiction. This presumption applies only when the act of the court or judge is under collateral attack.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 667.

667. A person not heard from in five years is presumed to be dead.
(Amended by Stats. 1983, Ch. 201, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 668.

668. An unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 669.

669. (a) The failure of a person to exercise due care is presumed if:
(1) He violated a statute, ordinance, or regulation of a public entity;
(2) The violation proximately caused death or injury to person or property;
(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and
(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.
(b) This presumption may be rebutted by proof that:
(1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or
(2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications.
(Added by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 669.1.

669.1. A rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of their public employment shall not be considered a statute, ordinance, or regulation of that public entity within the meaning of Section 669, unless the rule, manual, policy, or guideline has been formally adopted as a statute, as an ordinance of a local governmental entity in this state empowered to adopt ordinances, or as a regulation by an agency of the state pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code), or by an agency of the United States government pursuant to the federal Administrative Procedure Act (Chapter 5 (commencing with Section 5001) of Title 5 of the United States Code). This section affects only the presumption set forth in Section 669, and is not otherwise intended to affect the admissibility or inadmissibility of the rule, policy, manual, or guideline under other provisions of law.
(Repealed and added by Stats. 1987, Ch. 1207, Sec. 2.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 669.5.

669.5. (a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes, or (2) changes the standards of residential development on vacant land so that the governing body’s zoning is rendered in violation of Section 65913.1 of the Government Code is presumed to have an impact on the supply of residential units available in an area which includes territory outside the jurisdiction of the city, county, or city and county.
(b) With respect to any action which challenges the validity of an ordinance specified in subdivision (a) the city, county, or city and county enacting the ordinance shall bear the burden of proof that the ordinance is necessary for the protection of the public health, safety, or welfare of the population of the city, county, or city and county.
(c) This section does not apply to state and federal building code requirements or local ordinances which (1) impose a moratorium, to protect the public health and safety, on residential construction for a specified period of time, if, under the terms of the ordinance, the moratorium will cease when the public health or safety is no longer jeopardized by the construction, (2) create agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code, or (3) restrict the number of buildable parcels or designate lands within a zone for nonresidential uses in order to protect agricultural uses as defined in subdivision (b) of Section 51201 of the Government Code or open-space land as defined in subdivision (h) of Section 65560 of the Government Code.
(d) This section shall not apply to a voter approved ordinance adopted by referendum or initiative prior to the effective date of this section which (1) requires the city, county, or city and county to establish a population growth limit which represents its fair share of each year’s statewide population growth, or (2) which sets a growth rate of no more than the average population growth rate experienced by the state as a whole. Paragraph (2) of subdivision (a) does not apply to a voter-approved ordinance adopted by referendum or initiative which exempts housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, or which otherwise provides low- and moderate-income housing sites equivalent to such an exemption.
(Amended by Stats. 2017, Ch. 434, Sec. 2. (SB 732) Effective January 1, 2018.)
2023 California Code › Evidence Code - EVID › DIVISION 5 - BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES › CHAPTER 3 - Presumptions and Inferences › ARTICLE 4 - Presumptions Affecting the Burden of Proof › Section 670.

670. (a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid.
(b) As used in this section:
(1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union.
(2) “Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as “share draft” or “negotiable order of withdrawal.”
(Amended by Stats. 2001, Ch. 854, Sec. 3. Effective January 1, 2002.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 1 - Competency › Section 701.

701. (a) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or
(2) Incapable of understanding the duty of a witness to tell the truth.
(b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness.
(Amended by Stats. 1985, Ch. 884, Sec. 2.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 1 - Competency › Section 702.

702. (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
(b) A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 1 - Competency › Section 703.

703. (a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the presence and hearing of the jury, inform the parties of the information he has concerning any fact or matter about which he will be called to testify.
(b) Against the objection of a party, the judge presiding at the trial of an action may not testify in that trial as a witness. Upon such objection, the judge shall declare a mistrial and order the action assigned for trial before another judge.
(c) The calling of the judge presiding at a trial to testify in that trial as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a judge shall be deemed a motion for mistrial.
(d) In the absence of objection by a party, the judge presiding at the trial of an action may testify in that trial as a witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 1 - Competency › Section 703.5.

703.5. No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceeding, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal contempt, (b) constitute a crime, (c) be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings under paragraph (1) or (6) of subdivision (a) of Section 170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with regard to any mediation under Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.
(Amended by Stats. 1994, Ch. 1269, Sec. 7. Effective January 1, 1995.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 1 - Competency › Section 704.

704. (a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in proceedings conducted by the court out of the presence and hearing of the remaining jurors, inform the parties of the information he has concerning any fact or matter about which he will be called to testify.
(b) Against the objection of a party, a juror sworn and impaneled in the trial of an action may not testify before the jury in that trial as a witness. Upon such objection, the court shall declare a mistrial and order the action assigned for trial before another jury.
(c) The calling of a juror to testify before the jury as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a juror shall be deemed a motion for mistrial.
(d) In the absence of objection by a party, a juror sworn and impaneled in the trial of an action may be compelled to testify in that trial as a witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 2 - Oath and Confrontation › Section 710.

710. Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10 or a dependent person with a substantial cognitive impairment, in the court’s discretion, may be required only to promise to tell the truth.
(Amended by Stats. 2004, Ch. 823, Sec. 3. Effective January 1, 2005.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 2 - Oath and Confrontation › Section 712.

712. Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a registered nurse, licensed vocational nurse, or licensed clinical laboratory technologist or clinical laboratory bioanalyst, by means of an affidavit. The affidavit shall be admissible, provided the party offering the affidavit as evidence has served all other parties to the action, or their counsel, with a copy of the affidavit no less than 10 days prior to trial. Nothing in this section shall preclude any party or his counsel from objecting to the introduction of the affidavit at any time, and requiring the attendance of the affiant, or compelling attendance by subpoena.
(Added by Stats. 1978, Ch. 93.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 1 - Expert Witnesses Generally › Section 720.

720. (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experience, training, or education must be shown before the witness may testify as an expert.
(b) A witness’ special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 1 - Expert Witnesses Generally › Section 721.

721. (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully cross-examined as to (1) his or her qualifications, (2) the subject to which his or her expert testimony relates, and (3) the matter upon which his or her opinion is based and the reasons for his or her opinion.
(b) If a witness testifying as an expert testifies in the form of an opinion, he or she may not be cross-examined in regard to the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication unless any of the following occurs:
(1) The witness referred to, considered, or relied upon such publication in arriving at or forming his or her opinion.
(2) The publication has been admitted in evidence.
(3) The publication has been established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.
If admitted, relevant portions of the publication may be read into evidence but may not be received as exhibits.
(Amended by Stats. 1997, Ch. 892, Sec. 11. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 1 - Expert Witnesses Generally › Section 722.

722. (a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fact.
(b) The compensation and expenses paid or to be paid to an expert witness by the party calling him is a proper subject of inquiry by any adverse party as relevant to the credibility of the witness and the weight of his testimony.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 2 - Appointment of Expert Witness by Court › Section 730.

730. When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.
Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.
(Amended by Stats. 1990, Ch. 295, Sec. 1.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 2 - Appointment of Expert Witness by Court › Section 731.

731. (a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which the action or proceeding is pending and shall be paid out of the treasury of that county on order of the court.
(2) Notwithstanding paragraph (1), if the expert is appointed for the court’s needs, the compensation shall be a charge against the court.
(b) In any county in which the superior court so provides, the compensation fixed under Section 730 for medical experts appointed for the court’s needs in civil actions shall be a charge against the court. In any county in which the board of supervisors so provides, the compensation fixed under Section 730 for medical experts appointed in civil actions, for purposes other than the court’s needs, shall be a charge against and paid out of the treasury of that county on order of the court.
(c) Except as otherwise provided in this section, in all civil actions, the compensation fixed under Section 730 shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs.
(Amended by Stats. 2012, Ch. 470, Sec. 8. (AB 1529) Effective January 1, 2013.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 2 - Appointment of Expert Witness by Court › Section 732.

732. Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. When such witness is called and examined by the court, the parties have the same right as is expressed in Section 775 to cross-examine the witness and to object to the questions asked and the evidence adduced.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 3 - Expert Witnesses › ARTICLE 2 - Appointment of Expert Witness by Court › Section 733.

733. Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fact or matter mentioned in Section 730; but, where other expert witnesses are called by a party to the action, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 751.

751. (a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or she will make a true interpretation of the witness’ answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment.
(b) In any proceeding in which a deaf or hard-of-hearing person is testifying under oath, the interpreter certified pursuant to subdivision (f) of Section 754 shall advise the court whenever he or she is unable to comply with his or her oath taken pursuant to subdivision (a).
(c) A translator shall take an oath that he or she will make a true translation in the English language of any writing he or she is to decipher or translate.
(d) An interpreter regularly employed by the court and certified or registered in accordance with Article 4 (commencing with Section 68560) of Chapter 2 of Title 8 of the Government Code, or a translator regularly employed by the court, may file an oath as prescribed by this section with the clerk of the court. The filed oath shall serve for all subsequent court proceedings until the appointment is revoked by the court.
(Amended by Stats. 1997, Ch. 376, Sec. 1. Effective January 1, 1998.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 752.

752. (a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter whom the witness can understand and who can understand the witness shall be sworn to interpret for the witness.
(b) The record shall identify the interpreter, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows:
(1) In all criminal actions and juvenile court proceedings, the compensation for an interpreter under this section shall be a charge against the court.
(2) In all civil actions, the compensation for an interpreter under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in a like manner as other costs.
(Amended by Stats. 2012, Ch. 470, Sec. 9. (AB 1529) Effective January 1, 2013.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 753.

753. (a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can decipher the characters or understand the language shall be sworn to decipher or translate the writing.
(b) The record shall identify the translator, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows:
(1) In all criminal actions and juvenile court proceedings, the compensation for a translator under this section shall be a charge against the court.
(2) In all civil actions, the compensation for a translator under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs.
(Amended by Stats. 2012, Ch. 470, Sec. 10. (AB 1529) Effective January 1, 2013.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 754.5.

754.5. Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived merely because an interpreter was used to facilitate their communication.
(Amended by Stats. 2016, Ch. 94, Sec. 8. (AB 1709) Effective January 1, 2017.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 755.5.

755.5. (a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently speak or understand the English language, conducted for the purpose of determining damages in a civil action, an interpreter shall be present to interpret the examination in a language that the person understands. The interpreter shall be certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The fees of interpreters used under subdivision (a) shall be paid by the insurer or defendant requesting the medical examination.
(c) The record of, or testimony concerning, any medical examination conducted in violation of subdivision (a) shall be inadmissible in the civil action for which it was conducted or any other civil action.
(d) This section does not prohibit the presence of any other person to assist a party.
(e) In the event that interpreters certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code cannot be present at the medical examination, upon stipulation of the parties the requester specified in subdivision (a) shall have the discretionary authority to provisionally qualify and use other interpreters.
(Amended by Stats. 1995, Ch. 938, Sec. 8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 4 - Interpreters and Translators › Section 757.

757. Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing authority to provide interpreters in civil court includes the authority to provide an interpreter in a proceeding in which a petitioner requests an order from the superior court to make the findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
(Added by Stats. 2014, Ch. 685, Sec. 2. (SB 873) Effective September 27, 2014.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 1 - Definitions › Section 761.

761. “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of the witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 765.

765. (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective for the ascertainment of the truth, as may be, and to protect the witness from undue harassment or embarrassment.
(b) With a witness under the age of 14 or a dependent person with a substantial cognitive impairment, the court shall take special care to protect him or her from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The court shall also take special care to ensure that questions are stated in a form which is appropriate to the age or cognitive level of the witness. The court may, in the interests of justice, on objection by a party, forbid the asking of a question which is in a form that is not reasonably likely to be understood by a person of the age or cognitive level of the witness.
(Amended by Stats. 2004, Ch. 823, Sec. 4. Effective January 1, 2005.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 767.

767. (a) Except under special circumstances where the interests of justice otherwise require:
(1) A leading question may not be asked of a witness on direct or redirect examination.
(2) A leading question may be asked of a witness on cross-examination or recross-examination.
(b) The court may, in the interests of justice permit a leading question to be asked of a child under 10 years of age or a dependent person with a substantial cognitive impairment in a case involving a prosecution under Section 273a, 273d, 288.5, 368, or any of the acts described in Section 11165.1 or 11165.2 of the Penal Code.
(Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 768.

768. (a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing.
(b) If a writing is shown to a witness, all parties to the action must be given an opportunity to inspect it before any question concerning it may be asked of the witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 769.

769. In examining a witness concerning a statement or other conduct by him that is inconsistent with any part of his testimony at the hearing, it is not necessary to disclose to him any information concerning the statement or other conduct.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 770.

770. Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded unless:
(a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or
(b) The witness has not been excused from giving further testimony in the action.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 771.

771. (a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about which he testifies, such writing must be produced at the hearing at the request of an adverse party and, unless the writing is so produced, the testimony of the witness concerning such matter shall be stricken.
(b) If the writing is produced at the hearing, the adverse party may, if he chooses, inspect the writing, cross-examine the witness concerning it, and introduce in evidence such portion of it as may be pertinent to the testimony of the witness.
(c) Production of the writing is excused, and the testimony of the witness shall not be stricken, if the writing:
(1) Is not in the possession or control of the witness or the party who produced his testimony concerning the matter; and
(2) Was not reasonably procurable by such party through the use of the court’s process or other available means.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 772.

772. (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and continuing thereafter by redirect and recross-examination.
(b) Unless for good cause the court otherwise directs, each phase of the examination of a witness must be concluded before the succeeding phase begins.
(c) Subject to subdivision (d), a party may, in the discretion of the court, interrupt his cross-examination, redirect examination, or recross-examination of a witness, in order to examine the witness upon a matter not within the scope of a previous examination of the witness.
(d) If the witness is the defendant in a criminal action, the witness may not, without his consent, be examined under direct examination by another party.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 773.

773. (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such order as the court directs.
(b) The cross-examination of a witness by any party whose interest is not adverse to the party calling him is subject to the same rules that are applicable to the direct examination.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 774.

774. A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon which he has been examined by another party to the action. Leave may be granted or withheld in the court’s discretion.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 775.

775. The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the action, and the parties may object to the questions asked and the evidence adduced the same as if such witnesses were called and examined by an adverse party. Such witnesses may be cross-examined by all parties to the action in such order as the court directs.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 776.

776. (a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by any adverse party at any time during the presentation of evidence by the party calling the witness.
(b) A witness examined by a party under this section may be cross-examined by all other parties to the action in such order as the court directs; but, subject to subdivision (e), the witness may be examined only as if under redirect examination by:
(1) In the case of a witness who is a party, his own counsel and counsel for a party who is not adverse to the witness.
(2) In the case of a witness who is not a party, counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified.
(c) For the purpose of this section, parties represented by the same counsel are deemed to be a single party.
(d) For the purpose of this section, a person is identified with a party if he is:
(1) A person for whose immediate benefit the action is prosecuted or defended by the party.
(2) A director, officer, superintendent, member, agent, employee, or managing agent of the party or of a person specified in paragraph (1), or any public employee of a public entity when such public entity is the party.
(3) A person who was in any of the relationships specified in paragraph (2) at the time of the act or omission giving rise to the cause of action.
(4) A person who was in any of the relationships specified in paragraph (2) at the time he obtained knowledge of the matter concerning which he is sought to be examined under this section.
(e) Paragraph (2) of subdivision (b) does not require counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified to examine the witness as if under redirect examination if the party who called the witness for examination under this section:
(1) Is also a person identified with the same party with whom the witness is identified.
(2) Is the personal representative, heir, successor, or assignee of a person identified with the same party with whom the witness is identified.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 777.

777. (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses.
(b) A party to the action cannot be excluded under this section.
(c) If a person other than a natural person is a party to the action, an officer or employee designated by its attorney is entitled to be present.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 5 - Method and Scope of Examination › ARTICLE 2 - Examination of Witnesses › Section 778.

778. After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or withheld in the court’s discretion.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 1 - Credibility Generally › Section 780.

780. Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his testimony at the hearing, including but not limited to any of the following:
(a) His demeanor while testifying and the manner in which he testifies.
(b) The character of his testimony.
(c) The extent of his capacity to perceive, to recollect, or to communicate any matter about which he testifies.
(d) The extent of his opportunity to perceive any matter about which he testifies.
(e) His character for honesty or veracity or their opposites.
(f) The existence or nonexistence of a bias, interest, or other motive.
(g) A statement previously made by him that is consistent with his testimony at the hearing.
(h) A statement made by him that is inconsistent with any part of his testimony at the hearing.
(i) The existence or nonexistence of any fact testified to by him.
(j) His attitude toward the action in which he testifies or toward the giving of testimony.
(k) His admission of untruthfulness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 1 - Credibility Generally › Section 782.1.

782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, or subdivision (a) or (b) of Section 647 of, or former Section 653.22 of, the Penal Code, if the offense is related to prostitution.
(Amended by Stats. 2022, Ch. 86, Sec. 1. (SB 357) Effective January 1, 2023.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 1 - Credibility Generally › Section 783.

783. In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, if evidence of sexual conduct of the plaintiff is offered to attack credibility of the plaintiff under Section 780, the following procedures shall be followed:
(a) A written motion shall be made by the defendant to the court and the plaintiff’s attorney stating that the defense has an offer of proof of the relevancy of evidence of the sexual conduct of the plaintiff proposed to be presented.
(b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.
(c) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the plaintiff regarding the offer of proof made by the defendant.
(d) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the plaintiff is relevant pursuant to Section 780, and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.
(Added by Stats. 1985, Ch. 1328, Sec. 3.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 2 - Attacking or Supporting Credibility › Section 786.

786. Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 2 - Attacking or Supporting Credibility › Section 787.

787. Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or support the credibility of a witness.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 2 - Attacking or Supporting Credibility › Section 788.

788. For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless:
(a) A pardon based on his innocence has been granted to the witness by the jurisdiction in which he was convicted.
(b) A certificate of rehabilitation and pardon has been granted to the witness under the provisions of Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense.
(d) The conviction was under the laws of another jurisdiction and the witness has been relieved of the penalties and disabilities arising from the conviction pursuant to a procedure substantially equivalent to that referred to in subdivision (b) or (c).
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 2 - Attacking or Supporting Credibility › Section 790.

790. Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose of attacking his credibility.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 6 - WITNESSES › CHAPTER 6 - Credibility of Witnesses › ARTICLE 2 - Attacking or Supporting Credibility › Section 791.

791. Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after:
(a) Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or
(b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen.
(Enacted by Stats. 1965, Ch. 299.)