Code Section Group

Evidence Code - EVID

DIVISION 3. GENERAL PROVISIONS [300 - 413]

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

CHAPTER 4. Admitting and Excluding Evidence [350 - 406]

  ( Chapter 4 enacted by Stats. 1965, Ch. 299. )

ARTICLE 1. General Provisions [350 - 356]
  ( Article 1 enacted by Stats. 1965, Ch. 299. )

350.
  

No evidence is admissible except relevant evidence.

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

351.
  

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

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

351.1.
  

(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.

(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.

(Added by Stats. 1983, Ch. 202, Sec. 1. Effective July 12, 1983.)

351.2.
  

(a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.

(b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.

(Added by Stats. 2016, Ch. 132, Sec. 1. (AB 2159) Effective January 1, 2017.)

351.3.
  

(a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.

(b) This section does not do any of the following:

(1) Apply to cases in which a person’s immigration status is necessary to prove an element of a claim or an affirmative defense.

(2) Impact otherwise applicable laws governing the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.

(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.

(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

(Added by Stats. 2018, Ch. 12, Sec. 1. (SB 785) Effective May 17, 2018. Repealed as of January 1, 2022, by its own provisions.)

351.4.
  

(a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.

(b) This section does not do any of the following:

(1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense.

(2) Limit discovery in a criminal action.

(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.

(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

(Added by Stats. 2018, Ch. 12, Sec. 2. (SB 785) Effective May 17, 2018. Repealed as of January 1, 2022, by its own provisions.)

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.)

352.1.
  

In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of, the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 287 of, or former Section 288a of, the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing.

The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim.

Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.

(Amended by Stats. 2018, Ch. 423, Sec. 18. (SB 1494) Effective January 1, 2019.)

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.)

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.)

355.
  

When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.

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

356.
  

Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence.

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

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