California · Evidence Code

EVID §1260: (a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule: (1) That the de

What this law says, in plain English

This statute establishes an exception to hearsay rules in evidence law, allowing certain statements from unavailable witnesses to be admitted in legal proceedings under specified conditions.

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(a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule: (1) That the declarant has or has not made a will or established or amended a revocable trust. (2) That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust. (3) That identifies the declarant’s will, revocable trust, or an amendment to a revocable trust. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness.

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