Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. They do not govern the construction of any other division.
Chapter 1Definitions
Section § 900
This section clarifies that the definitions provided in this chapter are meant to be used to interpret the rules and regulations within this specific division. However, these definitions should not be applied to understand other divisions.
interpretation rules definitions chapter context-specific definitions division-specific interpretation construction of divisions legal definitions chapter application division context governing construction provision requirements specific division rules exclusion of other divisions applicable definitions contextual governance interpretation scope
Section § 901
A "proceeding" is any situation where someone can be legally required to provide testimony. This could happen in different settings like a court, a government agency, during an arbitration, or an official investigation conducted by authorized individuals or bodies.
“Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given.
testimony court hearing administrative agency arbitrator legislative body authorised inquiry compelled testimony investigation official inquest hearing officer legal testimony authorised by law legal inquiry testimonial obligation testimony compulsion
Section § 902
This section simply defines a "civil proceeding" as any legal case or hearing that is not a criminal proceeding.
“Civil proceeding” means any proceeding except a criminal proceeding.
civil proceeding definition legal case civil vs criminal court proceedings non-criminal hearings legal definitions court cases judicial processes legal proceedings civil court non-criminal cases court classifications terminology in court legal distinctions
Section § 903
This law defines what counts as a "criminal proceeding." It includes not only ordinary criminal cases but also special proceedings to decide if a public officer should be removed from their position due to deliberate or corrupt misbehavior while in office.
“Criminal proceeding” means:
(a)CA Evidence Code § 903(a) A criminal action; and
(b)CA Evidence Code § 903(b) A proceeding pursuant to Article 3 (commencing with Section 3060) of Chapter 7 of Division 4 of Title 1 of the Government Code to determine whether a public officer should be removed from office for willful or corrupt misconduct in office.
criminal proceeding criminal action public officer removal willful misconduct corrupt misconduct office misconduct Government Code Section 3060 Article 3 proceedings Chapter 7 Division 4 Title 1 removal proceedings public office corruption misconduct in office corruption removal proceedings public officer discipline misbehavior in office
Section § 905
The term "presiding officer" refers to the person who has the authority to make decisions regarding claims of privilege during a legal proceeding.
“Presiding officer” means the person authorized to rule on a claim of privilege in the proceeding in which the claim is made.
presiding officer authority claim of privilege legal proceeding privileges decision-making in court judicial authority privilege rulings proceeding oversight privilege adjudication court decision authority privilege determination oral argument privileges legal claim authority hearing privilege determinations rulings on evidence courtroom privileges
