California Hearsay Evidence Rules

California’s Evidence Code, in Division 10, Chapter 1, provides general provisions related to hearsay evidence. Section 1200 defines “hearsay evidence” as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” With exceptions, hearsay evidence is not admissible in a state court. Also, this section is known and may be cited as the hearsay rule.

Section 1201 provides that a statement within the scope of an exception to the hearsay rule is not inadmissible on the ground that the evidence is hearsay evidence if the hearsay evidence consists of one or more statements each of which meets the requirements of an exception to the hearsay rule.

Section 1202 states that evidence of a statement or other conduct by a declarant that is inconsistent with a statement by the declarant received in evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility of the declarant though he is not given and has not had an opportunity to explain or to deny such inconsistent statement or other conduct.

Section 1203 specifies that the declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning the statement. This section has several exceptions.

Section 1203.1 states that Section 1203 is not applicable if the hearsay statement is offered at a preliminary examination. Section 1204 provides that a statement that is otherwise admissible as hearsay evidence is inadmissible against the defendant in a criminal action if the statement was made, either by the defendant or by another, under circumstances that it is inadmissible against the defendant under the Constitution of the United States or the State of California.

Section 1205 specifies that there is no repeal by implication of any other statute relating to hearsay evidence.