Code Section

Evidence Code - EVID

DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 - 670]

  ( Division 5 enacted by Stats. 1965, Ch. 299. )
  

CHAPTER 3. Presumptions and Inferences [600 - 670]

  ( Chapter 3 enacted by Stats. 1965, Ch. 299. )
  

ARTICLE 4. Presumptions Affecting the Burden of Proof [660 - 670]
  ( Article 4 enacted by Stats. 1965, Ch. 299. )

  
670.  

(a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid.

(b) As used in this section:

(1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union.

(2) “Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as “share draft” or “negotiable order of withdrawal.”

(Amended by Stats. 2001, Ch. 854, Sec. 3. Effective January 1, 2002.)