California Evidence Code Headings

rrexparris's version from 2016-03-30 16:20


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§ 2liberally construed
§ 11Shall is mandatory, May is permissive
§ 110“Burden of producing evidence”
§ 115“Burden of proof”
§ 125Conduct includes active and passive behavior


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§ 135“Declarant”
§ 140“Evidence”
§ 175“Person”
§ 177“Dependent person”


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§ 180“Personal property”
§ 185"Property” includes both real and personal property
§ 190“Proof”
§ 195“Public employee”
§ 200“Public entity”


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§ 205“Real property”
§ 210“Relevant evidence” is evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact.
§ 225“Statement”
§ 240 Unavailable as a witness


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§ 250“Writing”
§ 255“Original”
§ 260"Duplicate”


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§ 300Applicability of code:
§ 310Questions of law for court:
§ 320Court regulates order of proof
§ 350Only relevant evidence admissible
§ 351Admissibility of relevant evidence
§ 351.1Polygraph examinations


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§ 352Probative value is substantially outweighed if it (a) necessitates undue consumption of time or (b) creates substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
§ 353Erroneous admission of evidence; effect.
§ 354Erroneous exclusion of evidence; effect
§ 355Limited admissibility
§ 356Entire act, declaration, conversation, or writing


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§ 400Preliminary fact defined.
§ 401Proffered evidence defined
§ 402Determining foundational facts
§ 403Foundation for relevancy, personal knowledge, or authenticity.
§ 404Determination if evidence is incriminatory.
§ 405Foundation for other cases.
§ 406Evidence re weight or credibility is admissible


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§ 410Direct evidence
§ 411One witness sufficient
§ 412Power to produce better evidence.
§ 413Failure to explain evidence


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§ 450Judicial notice only as authorized by law
§ 451Must be judicially noticed
§ 452May be judicially noticed
§ 453Compulsory judicial notice upon request
§ 454Information that may be used in taking judicial notice
§ 457Instructing jury on matter judicially noticed


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§ 460Court appointment of expert
§ 500Who has Burden of proof
§ 502Instructions on burden of proof
§ 520Claim that person is guilty of crime or wrongdoing
§ 521Claim that person did not exercise requisite degree of care has burden.


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§ 550Who has burden of producing evidence
§ 600Presumption and inference defined
§ 601Presumption is conclusive or rebuttable.
§ 604Effect of presumption affecting burden of producing evidence


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§ 606Effect of presumption affecting burden of proof
§ 620Conclusive presumptions
§ 622Facts recited in written instrument
§ 623Estoppel by own statement or conduct


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§ 630Presumptions affecting burden of producing evidence
§ 631Money delivered by one to another
§ 632Thing delivered by one to another
§ 633Obligation delivered up to the debtor presumed paid
§ 635Obligation possessed by creditor presumed not paid


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§ 637Ownership of things possessed
§ 638A person who exercises acts of ownership over property is presumed to be the owner of it.
§ 639Judgment correctly determines rights of parties
§ 640Writing truly dated
§ 641Letter received in ordinary course of mail


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§ 646Res ipsa loquitur; instruction
§ 647Return of process by process server.


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§ 660Presumptions affecting the burden of proof
§ 662Owner of legal title to property is owner of beneficial title
§ 663Ceremonial marriage presumed valid
§ 664Official duty regularly performed
§ 665Ordinary consequences of voluntary act


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§ 667Death of person not heard from in five years
§ 668Unlawful intent
§ 669Due care; failure to exercise
§ 670Payments by check


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§ 702Personal knowledge of witness
§ 711Confrontation
§ 720Qualification of expert
§ 721Cross-examination of expert scope
§ 722Credibility of expert witness


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§ 723Limit on number of expert witnesses
§ 730Appointment of expert by court
§ 761Cross-examination (defined)
§ 764Leading question defined
§ 766Responsive answers
§ 767Leading questions (1) A leading question may not be asked of a witness on direct or redirect examination...


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§ 768Writings need not be shown to witness.
§ 769Inconsistent statement or conduct not required to be disclosed.
§ 770Evidence of inconsistent statement of witness; exclusion; exceptions
§ 771Production of writing used to refresh memory
§ 772Order of examination


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§ 773Cross-examination (scope)
§ 774Re-examination
§ 776Examination of adverse party or person identified with adverse party
§ 777Exclusion of witness
§ 778Recall of witness


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§ 780Testimony; proof of truthfulness; considerations
§ 785Parties may attack or support credibility
§ 786Character evidence generally
§ 787Specific instances of conduct


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§ 788Prior felony conviction
§ 789Religious belief
§ 790Good character of witness
§ 791Prior consistent statement of witness


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§ 800Lay witnesses; opinion testimony
§ 801Expert witnesses; opinion testimony
§ 802Statement of basis of opinion


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§ 803Opinion based on improper matter
§ 804Opinion based on opinion or statement of another
§ 805Opinion on ultimate issue
§ 870Opinion as to sanity


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§ 900Application of definitions
§ 901Proceeding
§ 911Refusal to be or have another as witness, or disclose or produce any matter
§ 912Waiver of privilege
§ 916Exclusion of privileged information where persons authorized to claim privilege are not present
§ 917Presumption that certain communications are confidential; privileged character of electronic communications
§ 940Privilege against self-incrimination
§ 952Confidential communication between client and lawyer
§ 953Holder of the privilege
§ 954Lawyer-client privilege
§ 955When lawyer required to claim privilege
§ 956Exception: Crime or fraud
§ 956.5Exception: Prevention of criminal act likely to result in death or substantial bodily harm
§ 958Exception: Breach of duty arising out of lawyer-client relationship
§ 960Exception: Intention of deceased client concerning writing affecting property interest
§ 961Exception: Validity of writing affecting property interest
§ 962Exception: Joint clients


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§ 970Spouse's privilege not to testify against spouse; exceptions
§ 971Privilege not to be called as a witness against spouse
§ 972Exceptions to marital privilege
§ 973Waiver of privilege
§ 980Confidential marital communication privilege
§ 990Physician
§ 991Patient
§ 992Confidential communication between patient and physician
§ 994Physician-patient privilege
§ 995When physician required to claim privilege
§ 996Patient-litigant exception
§ 998Criminal proceeding no privilege
§ 999Communication relating to patient condition in proceeding to recover damages; good cause
§ 1001Breach of duty arising out of physician-patient relationship


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§ 1010Psychotherapist
§ 1015When psychotherapist required to claim privilege
§ 1016Exception: Patient-litigant exception
§ 1024Exception: Patient dangerous to himself or others
§ 1030Member of the clergy
§ 1031Penitent
§ 1032Penitential communication
§ 1060Privilege to protect trade secret
§ 1061Procedure for assertion of trade secret privilege
§ 1063Sealing of articles protected by protective order; procedures
§ 1070Refusal to disclose news source


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§ 1100Manner of proof of character
§ 1101Evidence of character to prove conduct
§ 1104Character trait for care or skill
§ 1105Habit or custom to prove specific behavior
§ 1119Written or oral communications during mediation process; admissibility
§ 1128Subsequent trials; references to mediation
§ 1151Subsequent remedial conduct
§ 1152Offers to compromise
§ 1154Offer to discount a claim
§ 1155Liability insurance
§ 1158Inspection and copying of patient's records; authorization; failure to comply; costs
§ 1159Animal experimentation in product liability actions
§ 1160Admissibility of expressions of sympathy or benevolence; definitions


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§ 1200The hearsay rule
§ 1201Multiple hearsay
§ 1202Credibility of hearsay declarant
§ 1203Cross-examination of hearsay declarant
§ 1220Admission of party
§ 1221Adoptive admission
§ 1222Authorized admission
§ 1223Admission of co-conspirator
§ 1227Statement of declarant in action for his wrongful death
§ 1230Declarations against interest
§ 1235Inconsistent statements
§ 1236Prior consistent statements
§ 1237Past recollection recorded


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§ 1238Prior identification
§ 1240Spontaneous statement
§ 1241Contemporaneous statement
§ 1242Dying declaration
§ 1250Statement of declarant's then existing mental or physical state
§ 1251Statement of declarant's previously existing mental or physical state
§ 1252Restriction on admissibility of statement of mental or physical state
§ 1253Statements for purposes of medical diagnosis or treatment; contents of statement; child abuse or neglect; age limitations
§ 1260Statements concerning declarant's will or revocable trust
§ 1261Statement of decedent offered in action against his estate


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§ 1270A business
§ 1271Admissible writings
§ 1272Absence of entry in business records
§ 1280Record by public employee
§ 1281Vital statistics records
§ 1284Statement of absence of public record
§ 1290Former testimony
§ 1292Former testimony offered against person not a party to former proceeding


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§ 1300Judgment of conviction of crime punishable as felony
§ 1301Judgment against person entitled to indemnity
§ 1302Judgment determining liability of third person
§ 1310Statement concerning declarant's own family history
§ 1330Recitals in writings affecting property
§ 1340Publications relied upon as accurate in the course of business
§ 1400Authentication
§ 1401Authentication required
§ 1402Authentication of altered writings


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§ 1415Authentication by handwriting evidence
§ 1416Proof of handwriting by person familiar therewith
§ 1417Comparison of handwriting by trier of fact
§ 1418Comparison of writing by expert witness
§ 1420Authentication by evidence of reply
§ 1421Authentication by content
§ 1450Classification of presumptions in article
§ 1452Official seals
§ 1453Domestic official signatures
§ 1454Foreign official signatures
§ 1520Content of writing; proof


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§ 1521Secondary evidence rule
§ 1523Oral testimony of the content of a writing; admissibility
§ 1530Copy of writing in official custody
§ 1531Certification of copy for evidence
§ 1532Official record of recorded writing
§ 1550Types of evidence as writing admissible as the writing itself
§ 1552Printed representation of computer-generated information
§ 1553Printed representation of video or digital images
§ 1560Compliance with subpoena duces tecum for business records
§ 1561Affidavit accompanying records