Title EVID — California Evid. Code

(a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence. (b) An inference is a deduction of fact that may logically and reasonably be drawn from ano…

A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.)

A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption. (Enacted by Stats. 1965, Ch. 299.)

A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied. (Enacted by Stats. 1965, Ch. 299.)

The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall det…

A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor of establishment of a parent and child rel…

The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact. (Enacted by Stats. 1965, Ch. 299.)

When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established bey…

The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions. (Enacted by Stats. 1965, Ch. 299.)

The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration. (Enacted by Stats. 1965, Ch. 299.)

Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it. (Enacted by Stats. …

A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation. (Enacted by Stats. 1965, Ch. 299.)

The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence. (Enacted by Stats. 1965, Ch. 299.)

Money delivered by one to another is presumed to have been due to the latter. (Enacted by Stats. 1965, Ch. 299.)

A thing delivered by one to another is presumed to have belonged to the latter. (Enacted by Stats. 1965, Ch. 299.)

An obligation delivered up to the debtor is presumed to have been paid. (Enacted by Stats. 1965, Ch. 299.)

A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly. (Enacted by Stats. 1965, Ch. 299.)

An obligation possessed by the creditor is presumed not to have been paid. (Enacted by Stats. 1965, Ch. 299.)

The payment of earlier rent or installments is presumed from a receipt for later rent or installments. (Enacted by Stats. 1965, Ch. 299.)

The things which a person possesses are presumed to be owned by him. (Enacted by Stats. 1965, Ch. 299.)

A person who exercises acts of ownership over property is presumed to be the owner of it. (Enacted by Stats. 1965, Ch. 299.)

A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined. (Enacted by Stats. 1965, Ch. 299.)

A writing is presumed to have been truly dated. (Enacted by Stats. 1965, Ch. 299.)

A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. (Enacted by Stats. 1965, Ch. 299.)

A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest. (Enacted by Stats. 1965, Ch. 299.)

A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it: (a) Is at least 30 years old; (b) Is in such condition as to create no suspicion concerning its authenticity; (c) Was kept, or if…

A book, purporting to be printed or published by public authority, is presumed to have been so printed or published. (Enacted by Stats. 1965, Ch. 299.)

A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct reports of such cases. (Enacted by Stats. 1965, Ch. 299.)

Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average intervals not exceeding three months.

(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, wo…

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.

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.)

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.)

A ceremonial marriage is presumed to be valid. (Enacted by Stats. 1965, Ch. 299.)

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.)

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.)

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 c…

A person not heard from in five years is presumed to be dead.

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.)

(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 w…

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 S…

(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 t…

(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 …

(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, experien…

(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)…

(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 credib…

The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party. (Enacted by Stats. 1965, Ch. 299.)

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 rende…

(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) Notwithstandi…

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 obj…