Title EVID, California Evid. Code

“Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. (Enacted by Stats. 1965, Ch. 299.)

“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of…

(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date. (b) Subject to subdivision (c), a trial commenced before…

“Civil action” includes civil proceedings. (Enacted by Stats. 1965, Ch. 299.)

“Conduct” includes all active and passive behavior, both verbal and nonverbal. (Enacted by Stats. 1965, Ch. 299.)

“Criminal action” includes criminal proceedings. (Enacted by Stats. 1965, Ch. 299.)

“Declarant” is a person who makes a statement. (Enacted by Stats. 1965, Ch. 299.)

“Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. (Enacted by Stats. 1965, Ch. 299.)

“The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing. (Enacted by Stats. 1965, Ch. 299.)

“Hearsay evidence” is defined in Section 1200. (Enacted by Stats. 1965, Ch. 299.)

“Law” includes constitutional, statutory, and decisional law. (Enacted by Stats. 1965, Ch. 299.)

“Oath” includes affirmation or declaration under penalty of perjury. (Enacted by Stats. 1965, Ch. 299.)

“Perceive” means to acquire knowledge through one’s senses. (Enacted by Stats. 1965, Ch. 299.)

“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 103. Effective January 1, 1995.)

“Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons …

“Personal property” includes money, goods, chattels, things in action, and evidences of debt. (Enacted by Stats. 1965, Ch. 299.)

“Property” includes both real and personal property. (Enacted by Stats. 1965, Ch. 299.)

“Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. (Enacted by Stats. 1965, Ch. 299.)

“Public employee” means an officer, agent, or employee of a public entity. (Enacted by Stats. 1965, Ch. 299.)

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to e…

“Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. (Enacted by Stats. 1965, Ch. 299.)

“Real property” includes lands, tenements, and hereditaments. (Enacted by Stats. 1965, Ch. 299.)

“Relevant evidence” means 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 that is of consequence to the determination of the action. (Enacted by Stats. 1965, Ch. 299.)…

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 32. (SB 1005) Effective January 1, 2017.)

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes any state, district, commonwealth, territory, or insular possession of the United States. (Enacted by Stats. 1965, Ch. 299.)

“Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. (Enacted by Stats. 1965, Ch. 299.)

“Statute” includes a treaty and a constitutional provision. (Enacted by Stats. 1965, Ch. 299.)

“Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. (Enacted by Stats. 1965, Ch. 299.)

(a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following: (1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant. (2) Disqualified…

“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures…

“Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other outpu…

A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique wh…

If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the…

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code. (Enacted by Stats. 1965, Ch. 299.)

Judicial notice may not be taken of any matter unless authorized or required by law. (Enacted by Stats. 1965, Ch. 299.)

Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution. (b) Any matter made…

Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and…

(a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court p…

The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Fu…

(a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party. (2) Exclusionary ru…

With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action: (a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the c…

If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate for the record that it has denied the request. (Enacted by Stats. 1965, Ch. 299.)

If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct the jury to accept as a fact the matter so noticed. (Enacted by Stats. 1965, Ch. 299.)

The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure …

(a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452.…