Code Section

Evidence Code - EVID

DIVISION 10. HEARSAY EVIDENCE [1200 - 1390]

  ( Division 10 enacted by Stats. 1965, Ch. 299. )
  

CHAPTER 2. Exceptions to the Hearsay Rule [1220 - 1390]

  ( Chapter 2 enacted by Stats. 1965, Ch. 299. )
  

ARTICLE 1. Confessions and Admissions [1220 - 1228.1]
  ( Article 1 enacted by Stats. 1965, Ch. 299. )

  
1223.  

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 specified in subdivisions (a) and (b) 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.)