California Evidence Code

This code shall be known as the Evidence Code.

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 effecting its objects and promoting justi…

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 provisions of this code are declared to…

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code.

Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Chapter” means a chapter of the division in which that term occurs. (c) “Article” means an article of the chapter in which that term occurs. (d) “Section” means a section of this code. (e) “Subdivision” means a subdivision of the sect…

The present tense includes the past and future tenses; and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural; and the plural, the singular.

“Shall” is mandatory and “may” is permissive.

(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 January 1, 1967, shall not be governed…

Unless the provision or context otherwise requires, these definitions govern the construction of this code.

“Action” includes a civil action and a criminal action.

“Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.

“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 fact or that he establish the existen…

“Civil action” includes civil proceedings.

“Conduct” includes all active and passive behavior, both verbal and nonverbal.

“Criminal action” includes criminal proceedings.

“Declarant” is a person who makes a statement.

“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.

“The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing.

“Hearsay evidence” is defined in Section 1200.

“Law” includes constitutional, statutory, and decisional law.

“Oath” includes affirmation or declaration under penalty of perjury.