Title EVID — California Evid. Code

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. (Enacted by Stats. 1965, Ch. 299.)

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 condition. (Enacted by Stats. 1965, Ch. 299.)

There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence. (Enacted by Stats. 1965, Ch. 299.)

There is no privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intesta…

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 child of either. (b) A crime committed at any time against the person or property of…

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.

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. (Enacted by Stats. 1965, Ch. 299.)

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. (Enacted by Stats. 1965, Ch. 299.)

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 treatment of his physical or mental or emotional condition. (Enacted by Stats. 196…

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 and his physician in the course of that relationship and in confidence by a means …

As used in this article, “holder of the privilege” means: (a) The patient when he has no guardian or conservator. (b) A guardian or conservator of the patient when the patient has a guardian or conservator. (c) The personal representative of the patient if the patient is dead. (E…

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 confidential communication between patient and physician if the privilege is claimed by: …

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 authorized to claim the privilege under subdivision (c) of Section 994. (Enacted…

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 through or under the patient; (c) Any party claiming as a beneficiary of the pat…

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 apprehension after the commission of a crime or a tort. (Enacted by Stats. 1965, Ch. 2…

There is no privilege under this article in a criminal proceeding. (Enacted by Stats. 1965, Ch. 299.)

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 if good cause for disclosure of the communication is shown.

“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. (Enacted by Stats. 1965, Ch. 299.)

“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. (Enacted by Stats. 1965, Ch. 299.)

“Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness. (Enacted by Stats. 1965, Ch. 299.)

“Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness. (Enacted by Stats. 1965, Ch. 299.)

A “leading question” is a question that suggests to the witness the answer that the examining party desires. (Enacted by Stats. 1965, Ch. 299.)

(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 may be, and to protect the witness from undue harassment or embarrassment. (b) Wi…

A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party. (Enacted by Stats. 1965, Ch. 299.)

(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. (2) A leading question may be asked of a witness on cross-examination or recross-examination. (b) The c…

(a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. (b) If a writing is shown to a witness, all parties to the action must be given an opportunity to inspect it before any question concerning it may be as…

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 concerning the statement or other conduct. (Enacted by Stats. 1965, Ch. 299.)

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) The witness was so examined while testifying as to give him an opportunity to ex…

(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 produced at the hearing at the request of an adverse party and, unless the writin…

(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 recross-examination. (b) Unless for good cause the court otherwise directs, each pha…

(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. (b) The cross-examination of a witness by any party whose interest is not adverse to the part…

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 action. Leave may be granted or withheld in the court’s discretion. (Enacted by Sta…

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 questions asked and the evidence adduced the same as if such witnesses were called…

(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 presentation of evidence by the party calling the witness. (b) A witness examined by a par…

(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. (b) A party to the action cannot be excluded under this section. (c) If a person othe…

After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or withheld in the court’s discretion. (Enacted by Stats. 1965, Ch. 299.)

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 his testimony at the hearing, including but not limited to any of the following:…

(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, the following procedure shall be followed: (1) A written motion shall be made …

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 653.22 of, the Penal Code, if the offense is related to prostitution.

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 plaintiff under Section 780, the following procedures shall be followed: (a) A writt…

The credibility of a witness may be attacked or supported by any party, including the party calling him. (Enacted by Stats. 1965, Ch. 299.)

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. (Enacted by Stats. 1965, Ch. 299.)

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. (Enacted by Stats. 1965, Ch. 299.)

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 pardon based on his innocence has been granted to the witness by the jurisdiction in …

Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness. (Enacted by Stats. 1965, Ch. 299.)

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. (Enacted by Stats. 1965, Ch. 299.)

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 statement made by him that is inconsistent with any part of his testimony at the hear…