Appendix II Evidence Code

• Jurisdiction: United States

Appendix II Evidence Code

CONTENTS

Division 1. Preliminary Provisions & Construction

§1 Short title

§2 Liberal construction

§3 Severability

§4 Construction generally

§5 Headings in code

§6 References include amendments

§7 Definitions

§8 Verb tenses

§9 Gender

§10 Singular and plural

§11 "Shall" and "may"

§12 Operative date

Division 2. Words & Phrases Defined

§100 Definitions govern construction

§105 "Action"

§110 "Burden of producing evidence"

§115 "Burden of proof"

§120 "Civil action"

§125 "Conduct"

§130 "Criminal action"

§135 "Declarant"

§140 "Evidence"

§145 "The hearing"

§150 "Hearsay evidence"

§160 "Law"

§165 "Oath"

§170 "Perceive"

§175 "Person"

§177 "Dependent person"

§180 "Personal property"

§185 "Property"

§190 "Proof"

§195 "Public employee"

§200 "Public entity"

§205 "Real property"

§210 "Relevant evidence"

§215 Spouse defined

§220 "State"

§225 "Statement"

§230 "Statute"

§235 "Trier of fact"

§240 "Unavailable as a witness"

§250 "Writing"

§255 "Original"

§260 "Duplicate"

Division 3. General Provisions

Chapter 1. Applicability of Code

§300 General applicability; grand jury exception

Chapter 2. Province of Court & Jury

§310 Duties of court

§311 When other state law cannot be determined

§312 Duties of jury

Chapter 3. Order of Proof

§320 Regulation by court

Chapter 4. Admitting & Excluding Evidence

Article 1. General Provisions

§350 Relevance

§351 All relevant evidence admissible

§351.1 Polygraph examinations

§351.2 Admission of immigration status in personal injury or wrongful death action

§352 Balancing of probative value with prejudice §352.1 Exclusion of victim address and telephone number

§353 Reversal for erroneous admission of evidence

§354 Reversal for erroneous exclusion of evidence

§355 Restricting evidence to proper scope

§356 Completeness

Article 2. Preliminary Determinations on Admissibility of Evidence

§400 "Preliminary fact" and "the admissibility or inadmissibility of evidence"

§401 "Proffered evidence"

§402 Disputed preliminary facts; presence of jury

§403 Conditional admittance of proffered evidence

§404 Claim of privilege as to proffered evidence

§405 Burden of proof; facts in issue in action

§406 Evidence relevant to weight or credibility

Chapter 5. Weight of Evidence Generally

§410 "Direct evidence"

§411 Direct evidence of one witness

§412 Weak evidence

§413 Failure to explain or deny evidence

Division 4. Judicial Notice

§450 Must be authorized or required by law

§451 Matters requiring judicial notice

§452 Matters permitting judicial notice

§452.5 Computer-generated official court records; certified records of conviction

§453 Notice to adverse parties

§454 Consulting sources to determine propriety

§455 Opportunity for parties to submit relevant information

§456 Court's denial of request

§457 Jury instructions

§458 Allowed in subsequent proceedings

§459 Duties of reviewing court

§460 Appointment of person to advise court

Division 5. Burden of Proof; Burden of Producing Evidence; Presumptions & Inferences

Chapter 1. Burden of Proof

Article 1. General

§500 Burden as to essential facts

§501 Statutes assigning burden in criminal action

§502 Jury instructions

Article 2. Burden of Proof on Specific Issues

§520 Claim that person is guilty of crime or wrongdoing

§521 Claim on exercising requisite degree of care

§522 Claim of insanity

§523 Claim of boundary dispute where state is party

§524 Civil proceeding involving State Board of Equalization

Chapter 2. Burden of Producing Evidence

§550 Burden as to particular facts

Chapter 3. Presumptions & Inferences

Article 1. General

§600 Presumption and inference defined

§601 Conclusive or rebuttable

§602 Statutory rebuttable presumptions

§603 Nature of presumption affecting burden of producing evidence

§604 Effect of presumption affecting burden of producing evidence

§605 Nature of presumption affecting burden of proof

§606 Effect of presumption affecting burden of proof

§607 Facts essential to defendant's guilt

Article 2. Conclusive Presumptions

§620 Established

§622 Facts recited in written instrument

§623 Contradiction of deliberate statement or conduct

§624 Title of landlord

Article 3. Presumptions Affecting the Burden of Producing Evidence

§630 Established

§631 Money delivered by one to another

§632 Thing delivered by one to another

§633 Obligation delivered to debtor

§634 Possession of order for payment or delivery

§635 Obligation possessed by creditor

§636 Payment of earlier rent or installments

§637 Things possessed by person

§638 Exercise of acts of ownership

§639 Judgments

§640 Date of writing

§641 Receipt of properly mailed letter

§642 Conveyance of real property

§643 Deed or will affecting interest in property

§644 Book by public authority

§645 Book of judicial case reports

§645.1 Newspapers or periodicals

§646 Res ipsa loquitur

§647 Return of registered process server

Article 4. Presumptions Affecting the Burden of Proof

§660 Established

§662 Owner of legal title to property

§663 Ceremonial marriage

§664 Performance of official duty

§665 Ordinary consequences of voluntary act

§666 Jurisdiction of courts

§667 Person not heard from in five years

§668 Unlawful intent

§669 Failure to exercise due care

§669.1 Government guidelines for standards of conduct

§669.5 Ordinances impacting residential building permits or zoning

§670 Payment of check

Division 6. Witnesses

Chapter1. Competency

§700 Qualification as witness generally

§701 Witness incapable of being understood

§702 Personal knowledge required

§703 Judge as witness

§703.5 Person presiding over quasi-judicial proceeding; arbitrator or mediator

§704 Juror as witness

Chapter 2. Oath & Confrontation

§710 Required

§711 Witness in presence of all parties

§712 Affidavit as to blood sampling technique

Chapter 3. Expert Witnesses

Article 1. Expert Witnesses Generally

§720 Qualifications

§721 Cross-examination

§722 Compensation as relevant to credibility

§723 Limitation of number called

Article 2. Appointment of Expert Witness by Court

§730 Authorized; fixing compensation

§731 Parties responsible for compensation

§732 May be called by any party to action

§733 Other expert evidence on same matter

Chapter4. Interpreters & Translators

§750 Subject to laws relating to witnesses

§751 Oath

§752 Interpreting the English language

§753 Deciphering and translating writings

§754 Deaf or hearing impaired individuals

§754.5 Valid privilege not waived

§755.5 Medical examinations

§756 Reimbursement for interpreter services

§757 Interpreter for findings regarding special immigrant juvenile status

Chapter 5. Method & Scope of Examination

Article 1. Definitions

§760 "Direct examination"

§761 "Cross-examination"

§762 "Redirect examination"

§763 "Recross-examination"

§764 "Leading question"

Article 2. Examination of Witnesses

§765 Reasonable control by court

§766 Responsive answers required

§767 Permissibility of leading questions

§768 Writings

§769 Inconsistent statement generally

§770 Extrinsic evidence of inconsistent statement

§771 Writing used to refresh memory

§772 Phases of examination

§773 Nature of cross-examination

§774 Reexamination on same matter

§775 Witnesses called by court

§776 Examination of adverse party or witness

§777 Exclusion of witness

§778 Recall of witness

Chapter 6. Credibility of Witnesses

Article 1. Credibility Generally

§780 Factors to be considered in determining credibility

§782 Sexual conduct of complaining witness

§782.1 Possession of condom as evidence

§783 Sexual conduct of plaintiff in certain civil actions

Article 2. Attacking or Supporting Credibility

§785 By any party

§786 Admissibility of character evidence

§787 Specific instances of conduct

§788 Felony conviction

§789 Religious beliefs

§790 Evidence of good character

§791 Prior consistent statements

Chapter 7. Hypnosis of Witnesses

§795 Admissibility of testimony by witness previously hypnotized

Division 7. Opinion Testimony & Scientific Evidence

Chapter 1. Expert & Other Opinion Testimony

Article 1. Expert & Other Opinion Testimony Generally

§800 Lay witness opinion testimony

§801 Expert witness opinion testimony

§802 Testimony on basis of opinion

§803 Improper bases of opinion

§804 Opinion based up on opinion or statement of another

§805 Opinion on ultimate issue

Article 2. Evidence of Market Value of Property

§810 Applicability

§811 "Value of property"

§812 Meaning of "market value" retained

§813 Opinion testimony on value

§814 Basis of opinion on value

§815 Price of sale or contract

§816 Comparable sale or contract

§817 Rent and lease terms

§818 Comparable rent and lease terms

§819 Capitalized value of reasonable net rentals

§820 Reproduction costs

§821 Nature of properties in general vicinity

§822 Eminent domain or inverse condemnation proceeding

§823 Property with no comparable market

§824 Nonprofit, special use property

Article 3. Opinion Testimony on Particular Subjects

§870 Opinion as to sanity of person

Division 8. Privileges

Chapter 1. Definitions

§900 Construction generally

§901 "Proceeding"

§902 "Civil proceeding"

§903 "Criminal proceeding"

§905 "Presiding officer"

Chapter 2. Applicability of Division

§910 General applicability

Chapter 3. General Provisions Relating to Privileges

§911 General rule

§912 Waiver

§913 Presumptions and inferences

§914 Determination of claim; contempt

§915 Disclosure in ruling on claim

§916 Absence of person authorized to claim privilege

§917 Confidential communications

§918 Holder of privilege may predicate error

§919 Admissibility of erroneously required disclosure

§920 No repeal by implication

Chapter 4. Particular Privileges

Article 1. Privilege of Defendant in Criminal Case

§930 Witness; testimony

Article 2. Privilege Against Self-Incrimination

§940 Privilege established

Article 3. Lawyer-Client Privilege

§950 "Lawyer"

§951 "Client"

§952 "Confidential communication between client and lawyer"

§953 "Holder of the privilege"

§954 Privilege established

§955 Claim of privilege by lawyer

§956 Services sought to aid in crime or fraud

§956.5 Where disclosure likely to prevent death or bodily...