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The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 [1] to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included ...
Note that under Cal. Evid. Code §1103(c)(1), reputation, opinion, and specific acts evidence are all barred if the defendant seeks to introduce the evidence to show the sexual character of the victim, but evidence of the victim's sexual conduct with the defendant—i.e. specific acts—may be used by the defendant to show that the victim ...
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
A subsequent remedial measure is an improvement, repair, or safety measure made after an injury has occurred. FRE 407 [dead link ] prohibits the admission of evidence of subsequent remedial measures to show defendant's (1) negligence; (2) culpable conduct; (3) a defect in defendant's product; (4) defect in the design of defendant's product; or (5) the need for a warning or instruction.
The shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1] Section 1986.1 of the California Code of Civil Procedure (CCP) supplements these principal shield law provisions by providing additional safeguards to a reporter whose records are being subpoenaed. [2]
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
For example, under California Evidence Code ("CEC") §970, California permits the application of testimonial privilege to both civil and criminal cases, and includes both the privilege not to testify as well as the privilege not to be called as a witness by the party adverse to the interests of the spouse in the trial. [7]
In California, absent waivers, Cal. Evid. Code § 912, both clergy and penitent – whether or not parties to the action – have the privilege to refuse to disclose a "penitential" communication. Cal. Evid. Code §§ 1033–34. [32] In 25 states, the clergyman–communicant statutory privilege does not clearly indicate who holds the privilege.