California

Evidence Code

515 sections, each with the official text and a plain-English explanation of what it means for you.

• § 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 includ
• § 760 — “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
• § 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.
• § 762 — “Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness.
• § 763 — “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.
• § 764 — A “leading question” is a question that suggests to the witness the answer that the examining party desires.
• § 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 m
• § 766 — A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party.
• § 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.
• § 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.
• § 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 concern
• § 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)
• § 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 p
• § 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 recr
• § 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.
• § 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 act
• § 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 qu
• § 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 presentati
• § 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.
• § 778 — After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court.
• § 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
• § 782 — (a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness under Section 780
• § 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.
• § 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 plai
• § 785 — The credibility of a witness may be attacked or supported by any party, including the party calling him.
• § 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.
• § 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.
• § 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 pardo
• § 789 — Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.
• § 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.
• § 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 state
• § 795 — (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the purpose of recalling events that are the su
• § 8 — The present tense includes the past and future tenses; and the future, the present.
• § 800 — If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: (a) Rational
• § 801 — If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is sufficiently beyond common experience that the op
• § 801.1 — (a) In a general civil case, as defined in Rule 1.
• § 802 — A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience
• § 803 — The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion.
• § 804 — (a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such other person may be called and examined by any ad
• § 805 — Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact.
• § 810 — (a) Except where another rule is provided by statute, this article provides special rules of evidence applicable to any action in which the value of property is to be ascertained.
• § 811 — As used in this article, “value of property” means market value of any of the following: (a) Real property or any interest therein.
• § 812 — This article is not intended to alter or change the existing substantive law, whether statutory or decisional, interpreting the meaning of “market value,” whether denominated “fair market value” or ot
• § 813 — (a) The value of property may be shown only by the opinions of any of the following: (1) Witnesses qualified to express such opinions.
• § 814 — The opinion of a witness as to the value of property is limited to such an opinion as is based on matter perceived by or personally known to the witness or made known to the witness at or before the h
• § 815 — When relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the price and other terms and circumstances of any sale or contract to sell and p
• § 816 — When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the price and other terms and circumstances of any sale or contract to sell and
• § 817 — (a) Subject to subdivision (b), when relevant to the determination of the value of property, a witness may take into account as a basis for an opinion the rent reserved and other terms and circumstanc
• § 818 — For the purpose of determining the capitalized value of the reasonable net rental value attributable to the property or property interest being valued as provided in Section 819 or determining the val
• § 819 — When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the capitalized value of the reasonable net rental value attributable to the lan
• § 820 — When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the value of the property or property interest being valued as indicated by the
• § 821 — When relevant to the determination of the value of property, a witness may take into account as a basis for his opinion the nature of the improvements on properties in the general vicinity of the prop
• § 822 — (a) In an eminent domain or inverse condemnation proceeding, notwithstanding the provisions of Sections 814 to 821, inclusive, the following matter is inadmissible as evidence and shall not be taken i
• § 823 — Notwithstanding any other provision of this article, the value of property for which there is no relevant, comparable market may be determined by any method of valuation that is just and equitable.
• § 824 — (a) Notwithstanding any other provision of this article, a just and equitable method of determining the value of nonprofit, special use property, as defined by Section 1235.
• § 870 — A witness may state his opinion as to the sanity of a person when: (a) The witness is an intimate acquaintance of the person whose sanity is in question; (b) The witness was a subscribing witness to a
• § 9 — The masculine gender includes the feminine and neuter.
• § 900 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
• § 901 — “Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person auth
• § 902 — “Civil proceeding” means any proceeding except a criminal proceeding.
• § 903 — “Criminal proceeding” means: (a) A criminal action; and (b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code to determine
• § 905 — “Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made.
• § 910 — Except as otherwise provided by statute, the provisions of this division apply in all proceedings.
• § 911 — Except as otherwise provided by statute: (a) No person has a privilege to refuse to be a witness.
• § 912 — (a) Except as otherwise provided in this section, the right of any person to claim a privilege provided by Section 954 (lawyer-client privilege), 966 (lawyer referral service-client privilege), 980 (p
• § 913 — (a) If in the instant proceeding or on a prior occasion a privilege is or was exercised not to testify with respect to any matter, or to refuse to disclose or to prevent another from disclosing any ma
• § 914 — (a) The presiding officer shall determine a claim of privilege in any proceeding in the same manner as a court determines such a claim under Article 2 (commencing with Section 400) of Chapter 4 of Div
• § 915 — (a) Subject to subdivision (b), the presiding officer may not require disclosure of information claimed to be privileged under this division or attorney work product under subdivision (a) of Section 2
• § 916 — (a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if: (1) The person from whom the infor
• § 917 — (a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client, lawyer referral service-client, physician-p
• § 918 — A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege, except that a party may predicate error on a ruling disallowing a claim of privilege
• § 919 — (a) Evidence of a statement or other disclosure of privileged information is inadmissible against a holder of the privilege if: (1) A person authorized to claim the privilege claimed it but neverthele
• § 920 — Nothing in this division shall be construed to repeal by implication any other statute relating to privileges.
• § 930 — To the extent that such privilege exists under the Constitution of the United States or the State of California, a defendant in a criminal case has a privilege not to be called as a witness and not to
• § 940 — To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend to incriminate
• § 950 — As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
• § 951 — As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice fr
• § 952 — As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the course of that relationship and in confidenc
• § 953 — As used in this article, “holder of the privilege” means: (a) The client, if the client has no guardian or conservator.
• § 954 — Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidenti
• § 955 — The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is aut
• § 956 — (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.
• § 956.5 — There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent a criminal a
• § 957 — There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or inte
• § 958 — There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship.
• § 959 — There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attestin
• § 960 — There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed of conveyance, will, or other writing, ex
• § 961 — There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a client, now deceased, purport
• § 962 — Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a privilege under this article as
• § 965 — For purposes of this article, the following terms have the following meanings: (a) “Client” means a person who, directly or through an authorized representative, consults a lawyer referral service for
• § 966 — (a) Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confid
• § 967 — A lawyer referral service that has received or made a communication subject to the privilege under this article shall claim the privilege if the communication is sought to be disclosed and the client
• § 968 — There is no privilege under this article if either of the following applies: (a) The services of the lawyer referral service were sought or obtained to enable or aid anyone to commit or plan to commit
• § 970 — Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding.
• § 971 — Except as otherwise provided by statute, a married person whose spouse is a party to a proceeding has a privilege not to be called as a witness by an adverse party to that proceeding without the prior
• § 972 — A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse.
• § 973 — (a) Unless erroneously compelled to do so, a married person who testifies in a proceeding to which his spouse is a party, or who testifies against his spouse in any proceeding, does not have a privile
• § 980 — Subject to Section 912 and except as otherwise provided in this article, a spouse (or his or her guardian or conservator when he or she has a guardian or conservator), whether or not a party, has a pr
• § 981 — There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud.
• § 982 — There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical
• § 983 — There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.
• § 984 — There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse.
• § 985 — There is no privilege under this article in a criminal proceeding in which one spouse is charged with: (a) A crime committed at any time against the person or property of the other spouse or of a chil
• § 986 — There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
• § 987 — There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.
• § 990 — As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation.
• § 991 — As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative tr
• § 992 — As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the patient, transmitted between a patient an
• § 993 — As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator.
• § 994 — Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confident
• § 995 — The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is
• § 996 — There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by: (a) The patient; (b) Any party claiming
• § 997 — There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or appreh
• § 998 — There is no privilege under this article in a criminal proceeding.
• § 999 — There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient