# Evidence Code — relevance / hearsay / authentication / best evidence

- Description: Evidence Code — relevance / hearsay / authentication / best evidence
- Source: https://leginfo.legislature.ca.gov/faces/codes.xhtml
- Pulled: 2026-05-13
- Sections: 26

> Verbatim text from the California Legislative Information website.
> Citation history and notes are preserved as published.

## Contents

- [Cal. Evid. Code § 350 — Relevance — only relevant evidence admissible](#sec-evid-350)
- [Cal. Evid. Code § 351 — All relevant evidence admissible](#sec-evid-351)
- [Cal. Evid. Code § 352 — Discretionary exclusion (prejudice)](#sec-evid-352)
- [Cal. Evid. Code § 353 — Erroneous admission](#sec-evid-353)
- [Cal. Evid. Code § 354 — Erroneous exclusion](#sec-evid-354)
- [Cal. Evid. Code § 400 — Proof of preliminary fact](#sec-evid-400)
- [Cal. Evid. Code § 402 — Procedure for determining preliminary fact](#sec-evid-402)
- [Cal. Evid. Code § 403 — Conditional relevance](#sec-evid-403)
- [Cal. Evid. Code § 452 — Permissive judicial notice](#sec-evid-452)
- [Cal. Evid. Code § 452.5 — Certified record judicial notice](#sec-evid-452-5)
- [Cal. Evid. Code § 453 — Mandatory judicial notice](#sec-evid-453)
- [Cal. Evid. Code § 459 — Reviewing court — judicial notice](#sec-evid-459)
- [Cal. Evid. Code § 702 — Personal knowledge required](#sec-evid-702)
- [Cal. Evid. Code § 720 — Expert qualification](#sec-evid-720)
- [Cal. Evid. Code § 1200 — Hearsay defined](#sec-evid-1200)
- [Cal. Evid. Code § 1220 — Party admission](#sec-evid-1220)
- [Cal. Evid. Code § 1222 — Authorized admission](#sec-evid-1222)
- [Cal. Evid. Code § 1224 — Statement of co-conspirator](#sec-evid-1224)
- [Cal. Evid. Code § 1271 — Business records exception](#sec-evid-1271)
- [Cal. Evid. Code § 1280 — Public records exception](#sec-evid-1280)
- [Cal. Evid. Code § 1400 — Authentication required](#sec-evid-1400)
- [Cal. Evid. Code § 1401 — Authentication generally](#sec-evid-1401)
- [Cal. Evid. Code § 1410 — Methods of authentication](#sec-evid-1410)
- [Cal. Evid. Code § 1411 — Other methods not excluded](#sec-evid-1411)
- [Cal. Evid. Code § 1521 — Secondary Evidence Rule (former § 1500 repealed 1998)](#sec-evid-1521)
- [Cal. Evid. Code § 1521 — Secondary evidence — original required if dispute](#sec-evid-1521)

<a id="sec-evid-350"></a>
## Cal. Evid. Code § 350 — Relevance — only relevant evidence admissible

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=350.

No evidence is admissible except relevant evidence.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-351"></a>
## Cal. Evid. Code § 351 — All relevant evidence admissible

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=351.

Except as otherwise provided by statute, all relevant evidence is admissible.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-352"></a>
## Cal. Evid. Code § 352 — Discretionary exclusion (prejudice)

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=352.

The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-353"></a>
## Cal. Evid. Code § 353 — Erroneous admission

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=353.

A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless:

(a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and

(b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-354"></a>
## Cal. Evid. Code § 354 — Erroneous exclusion

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=354.

A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that:

(a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means;

(b) The rulings of the court made compliance with subdivision (a) futile; or

(c) The evidence was sought by questions asked during cross-examination or recross-examination.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-400"></a>
## Cal. Evid. Code § 400 — Proof of preliminary fact

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=400.

As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. The phrase “the admissibility or inadmissibility of evidence” includes the qualification or disqualification of a person to be a witness and the existence or nonexistence of a privilege.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-402"></a>
## Cal. Evid. Code § 402 — Procedure for determining preliminary fact

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=402.

(a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.

(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests.

(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-403"></a>
## Cal. Evid. Code § 403 — Conditional relevance

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=403.

(a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered evidence is inadmissible unless the court finds that there is evidence sufficient to sustain a finding of the existence of the preliminary fact, when:

(1) The relevance of the proffered evidence depends on the existence of the preliminary fact;

(2) The preliminary fact is the personal knowledge of a witness concerning the subject matter of his testimony;

(3) The preliminary fact is the authenticity of a writing; or

(4) The proffered evidence is of a statement or other conduct of a particular person and the preliminary fact is whether that person made the statement or so conducted himself.

(b) Subject to Section 702, the court may admit conditionally the proffered evidence under this section, subject to evidence of the preliminary fact being supplied later in the course of the trial.

(c) If the court admits the proffered evidence under this section, the court:

(1) May, and on request shall, instruct the jury to determine whether the preliminary fact exists and to disregard the proffered evidence unless the jury finds that the preliminary fact does exist.

(2) Shall instruct the jury to disregard the proffered evidence if the court subsequently determines that a jury could not reasonably find that the preliminary fact exists.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-452"></a>
## Cal. Evid. Code § 452 — Permissive judicial notice

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=452.

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 of the Legislature of this state.

(b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.

(c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.

(d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.

(e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States.

(f) The law of an organization of nations and of foreign nations and public entities in foreign nations.

(g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute.

(h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-452-5"></a>
## Cal. Evid. Code § 452.5 — Certified record judicial notice

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=452.5.

(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 pursuant to Section 69844.5 of the Government Code at the time of computer entry.

(b) (1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record.

(2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and meets either of the following requirements:

(A) The copy bears an electronic signature or watermark unique to the entity responsible for certifying the document.

(B) The copied document is an official record of conviction, certified in accordance with subdivision (a) of Section 1530, that is transmitted by the clerk of the superior court in a manner showing that the copy was prepared and transmitted by that clerk of the superior court. A seal, signature, or other indicia of the court shall constitute adequate showing.

*(Amended by Stats. 2017, Ch. 561, Sec. 55. (AB 1516) Effective January 1, 2018.)*

<a id="sec-evid-453"></a>
## Cal. Evid. Code § 453 — Mandatory judicial notice

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=453.

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) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-459"></a>
## Cal. Evid. Code § 459 — Reviewing court — judicial notice

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=459.

(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. The reviewing court may take judicial notice of a matter in a tenor different from that noticed by the trial court.

(b) In determining the propriety of taking judicial notice of a matter, or the tenor thereof, the reviewing court has the same power as the trial court under Section 454.

(c) When taking judicial notice under this section of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, the reviewing court shall comply with the provisions of subdivision (a) of Section 455 if the matter was not theretofore judicially noticed in the action.

(d) In determining the propriety of taking judicial notice of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, or the tenor thereof, if the reviewing court resorts to any source of information not received in open court or not included in the record of the action, including the advice of persons learned in the subject matter, the reviewing court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-702"></a>
## Cal. Evid. Code § 702 — Personal knowledge required

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=702.

(a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.

(b) A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-720"></a>
## Cal. Evid. Code § 720 — Expert qualification

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=720.

(a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experience, training, or education must be shown before the witness may testify as an expert.

(b) A witness’ special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1200"></a>
## Cal. Evid. Code § 1200 — Hearsay defined

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1200.

(a) “Hearsay evidence” is 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.

(b) Except as provided by law, hearsay evidence is inadmissible.

(c) This section shall be known and may be cited as the hearsay rule.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1220"></a>
## Cal. Evid. Code § 1220 — Party admission

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1220.

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.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1222"></a>
## Cal. Evid. Code § 1222 — Authorized admission

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1222.

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.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1224"></a>
## Cal. Evid. Code § 1224 — Statement of co-conspirator

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1224.

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.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1271"></a>
## Cal. Evid. Code § 1271 — Business records exception

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1271.

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:

(a) The writing was made in the regular course of a business;

(b) The writing was made at or near the time of the act, condition, or event;

(c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and

(d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1280"></a>
## Cal. Evid. Code § 1280 — Public records exception

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1280.

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 of the following applies:

(a) The writing was made by and within the scope of duty of a public employee.

(b) The writing was made at or near the time of the act, condition, or event.

(c) The sources of information and method and time of preparation were such as to indicate its trustworthiness.

*(Amended by Stats. 1996, Ch. 642, Sec. 4. Effective January 1, 1997.)*

<a id="sec-evid-1400"></a>
## Cal. Evid. Code § 1400 — Authentication required

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1400.

Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1401"></a>
## Cal. Evid. Code § 1401 — Authentication generally

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1401.

(a) Authentication of a writing is required before it may be received in evidence.

(b) Authentication of a writing is required before secondary evidence of its content may be received in evidence.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1410"></a>
## Cal. Evid. Code § 1410 — Methods of authentication

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1410.

Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1411"></a>
## Cal. Evid. Code § 1411 — Other methods not excluded

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1411.

Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.

*(Enacted by Stats. 1965, Ch. 299.)*

<a id="sec-evid-1521"></a>
## Cal. Evid. Code § 1521 — Secondary Evidence Rule (former § 1500 repealed 1998)

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1521.

(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following:

(1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.

(2) Admission of the secondary evidence would be unfair.

(b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing).

(c) Nothing in this section excuses compliance with Section 1401 (authentication).

(d) This section shall be known as the “Secondary Evidence Rule.”

*(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)*

<a id="sec-evid-1521"></a>
## Cal. Evid. Code § 1521 — Secondary evidence — original required if dispute

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1521.

(a) The content of a writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of writing if the court determines either of the following:

(1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.

(2) Admission of the secondary evidence would be unfair.

(b) Nothing in this section makes admissible oral testimony to prove the content of a writing if the testimony is inadmissible under Section 1523 (oral testimony of the content of a writing).

(c) Nothing in this section excuses compliance with Section 1401 (authentication).

(d) This section shall be known as the “Secondary Evidence Rule.”

*(Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)*