Exceptions to the Hearsay Rule in California

California’s Evidence Code contains seventeen main exceptions to the hearsay rule. These exceptions are contained in Division 10, Chapter 2, Article 1. Section 1220 states that evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity.

Section 1221 specifies that evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content, has by words or other conduct manifested his adoption or his belief in its truth.

Section 1222 states that evidence of a statement offered against a party is not made inadmissible by the hearsay rule if (a) the statement was made by a person authorized by the party to make a statement or statements for him concerning the subject matter of the statement; and (b) the evidence is offered either after admission of evidence sufficient to sustain a finding of such authority or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.

Section 1223 provides that evidence of a statement offered against a party is not made inadmissible by the hearsay rule if (a) the statement was made by the declarant while participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy; (b) the statement was made prior to or during the time that the party was participating in that conspiracy; and (c) the evidence is offered either after admission of evidence sufficient to sustain a finding of the facts or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.

Section 1224 states that, when the liability obligation, or duty of a party to a civil action is based in whole or in part upon the liability, obligation, or duty of the declarant, or when the claim or right asserted by a party to a civil action is barred or diminished by a breach of duty by the declarant, evidence of a statement made by the declarant is as admissible against the party as it would be if offered against the declarant in an action involving that liability, obligation, duty, or breach of duty.

Section 1225 says that, when a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest exists or existed in the declarant, evidence of a statement made by the declarant during the time the party now claims the declarant was the holder of the right, title, or interest is as admissible against the party as it would be if offered against the declarant in an action involving that right, title, or interest.

Section 1226 provides that evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought for injury to the minor child.

Section 1227 specifies that evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death.

Section 1228 states that, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person, a court, in its discretion, may determine that a statement of the complaining witness is not made inadmissible by the hearsay rule if it finds all of the specified requirements.

Section 1228.1 says that, neither the signature of any parent or legal guardian on a child welfare services case plan nor the acceptance of any services prescribed in the child welfare services case plan by any parent or legal guardian must constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law.

Article 2 deals with declarations against interest. Section 1230 specifies that evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarant’s pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true.

Article 2.5 deals with sworn statements regarding gang-related crimes. Section 1231 provides that evidence of a prior statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is deceased and the proponent of introducing the statement establishes each of the specified requirements.

Section 1231.1 specifies that a statement is admissible only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.

Section 1231.2 authorizes a peace officer to administer and certify oaths for purposes of this article. Section 1231.3 requires any enforcement officer testifying as to any hearsay statement pursuant to this article to either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training which includes training in the investigation and reporting of cases and testifying at preliminary hearings and trials.

Section 1231.4 states that, if evidence of a prior statement is introduced pursuant to this article, the jury may not be told that the declarant died from other than natural causes, but shall merely be told that the declarant is unavailable.

Article 3 deals with prior statements of witnesses. Section 1235 provides that evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with existing law.

Section 1236 says that evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with existing law.

Section 1237 states that evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which contains specified items.

Section 1238 provides that evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and the statement meets specified conditions.

Article 4 deals with spontaneous, contemporaneous, and dying declarations. Section 1240 provides that evidence of a statement is not made inadmissible by the hearsay rule if the statement (a) purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and (b) was made spontaneously while the declarant was under the stress of excitement caused by such perception.

Section 1241 specifies that evidence of a statement is not made inadmissible by the hearsay rule if the statement (a) is offered to explain, qualify, or make understandable conduct of the declarant; and (b) was made while the declarant was engaged in such conduct.

Section 1242 says that evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death.

Article 5 deals with statements of mental or physical state. Section 1250 specifies that evidence of a statement of the declarant’s then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when two conditions are met.

Section 1251 says that evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if two conditions are met.

Section 1252 says evidence of a statement is inadmissible under this article if the statement was made under circumstances such as to indicate its lack of trustworthiness.

Section 1253 provides that evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to specified types of statements.

Article 6 deals with statements relating to wills and to claims against estates. Section 1260 provides that evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule in three specified instances.

Section 1261 states that evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.

Article 7 deals with business records. Section 1270 defines the term “a business.” Section 1271 provides that evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if four conditions are met.

Section 1272 says that evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if two conditions are met.

Article 8 deals with official records and other official writings. Section 1280 states that evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if all three conditions are met.

Section 1281 says that evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was required by law to file the writing in a designated public office and the writing was made and filed as required by law.

Section 1282 provides that a written finding of presumed death made by an employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act will be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and of the date, circumstances, and place of his disappearance.

Section 1283 provides that an official written report or record that a person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, beseiged by a hostile force, or detained in a foreign country against his will, or is dead or is alive, made by an employee of the United States authorized by any law of the United States to make such report or record shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, besieged by a hostile force, or detained in a foreign country against his will, or is dead or is alive.

Section 1284 says that evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find a record, is not made inadmissible by the hearsay rule when offered to prove the absence of a record in that office.

Section 1285 provides that, within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, specified statements are not made inadmissible by the hearsay rule at the civil hearing when offered to prove the truth of the matter stated.

Article 9 deals with former testimony. Section 1290 defined the term “former testimony.” Section 1291 says that evidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and specified circumstances exist.

Section 1292 specifies that evidence of former testimony is not made inadmissible by the hearsay rule if three conditions are met. The admissibility of former testimony under this section is subject to the same limitations and objections as though the declarant were testifying at the hearing, except that former testimony offered under this section is not subject to objections based on competency or privilege which did not exist at the time the former testimony was given.

Section 1293 provides that evidence of former testimony made at a preliminary examination by a minor child who was the complaining witness is not made inadmissible by the hearsay rule if two conditions are met. The admissibility of former testimony under this section is subject to the same limitations and objections as though the minor child were testifying at the proceeding to declare him or her a dependent child of the court. The term “complaining witness” is defined in this section.

Section 1294 provides that certain evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted as a video or audio statements, or a transcript is provided. The term “conditional examination” is defined in this section.

Article 10 deals with judgments. Section 1300 provides that evidence of a final judgment adjudging a person guilty of a crime punishable as a felony is not made inadmissible by the hearsay rule when offered in a civil action to prove any fact essential to the judgment whether or not the judgment was based on a plea of nolo contendere.

Section 1301 specifies that evidence of a final judgment is not made inadmissible by the hearsay rule when offered by the judgment debtor to prove any fact which was essential to the judgment in an action in which he seeks to do any of three actions.

Section 1302 states that, when the liability, obligation, or duty of a third person is in issue in a civil action, evidence of a final judgment against that person is not made inadmissible by the hearsay rule when offered to prove such liability, obligation, or duty.

Article 11 deals with family history. Section 1310 provides that evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared.

Section 1311 states that evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a person other than the declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and two specified conditions are met.

Section 1312 specifies that evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones, and the like, is not made inadmissible by the hearsay rule when offered to prove the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.

Section 1313 says that evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.

Section 1314 states that evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the time of the reputation is not made inadmissible by the hearsay rule.

Section 1315 says that evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history which is contained in a writing made as a record of a church, religious denomination, or religious society is not made inadmissible by the hearsay rule if two specified conditions are met.

Section 1316 states that evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and two specified conditions are met.

Article 12 deals with reputation and statements concerning community history, property interests, and character. Section 1320 provides that evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns an event of general history of the community or of the state or nation of which the community is a part and the event was of importance to the community.

Section 1321 says that evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns the interest of the public in property in the community and the reputation arose before controversy.

Section 1322 provides that evidence of reputation in a community is not made inadmissible by the hearsay rule if the reputation concerns boundaries of, or customs affecting, land in the community and the reputation arose before controversy.

Section 1323 states that evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and had sufficient knowledge of the subject, but evidence of a statement is not admissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

Section 1324 says that evidence of a person’s general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then resided or in a group with which he then habitually associated is not made inadmissible by the hearsay rule.

Article 13 deals with dispositive instruments and ancient writings. Section 1330 provides that evidence of a statement contained in a deed of conveyance or a will or other writing purporting to affect an interest in real or personal property is not made inadmissible by the hearsay rule if three conditions are met.

Section 1331 states that evidence of a statement is not made inadmissible by the hearsay rule if the statement is contained in a writing more than 30 years old and the statement has been since generally acted upon as true by persons having an interest in the matter.

Article 14 deals with commercial, scientific, and similar publications. Section 1340 provides that evidence of a statement, other than an opinion, contained in a tabulation, list, directory, register, or other published compilation is not made inadmissible by the hearsay rule if the compilation is generally used and relied upon as accurate in the course of a business.

Section 1341 specifies that historical works, books of science or art, and published maps or charts, made by persons indifferent between the parties, are not made inadmissible by the hearsay rule when offered to prove facts of general notoriety and interest.

Article 15 deals with declarants unavailable as a witness. Section 1350 provides that, in a criminal proceeding charging a serious felony, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness, and all six of the specified conditions are true. If the prosecution intends to offer a statement pursuant to this section, the prosecution must serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement, unless the prosecution shows good cause for the failure to provide that notice.

The term “serious felony” is defined. If a statement to be admitted pursuant to this section includes hearsay statements made by anyone other than the declarant who is unavailable, those hearsay statements are inadmissible unless they meet the requirements of an exception to the hearsay rule.

Article 16 deals with statements by children under the age of 12 in child neglect and abuse proceedings. Section 1360 provides that, in a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all three specified conditions are met.

In addition, a statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. Also, the term “child abuse” is defined in this section, as well as “child neglect.”

Article 17 deals with physical abuse. Section 1370 provides that evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all five of the specified conditions are met. In addition, circumstances relevant to the issue of trustworthiness include, but are not limited to, three conditions. And, a statement is admissible pursuant to this section only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.

Section 1380 specifies that, in a criminal proceeding charging a violation, or attempted violation, of Section 368 of the Penal Code, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and six conditions are met. If the prosecution intends to offer a statement pursuant to this section, the prosecution must serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement, unless the prosecution shows good cause.

Section 1390 provides that evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.