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.
Exceptions to the Hearsay RuleConfessions and Admissions
Section § 1220
This law says that in a legal case, if a person involved in the case makes a statement, that statement can be used against them even if it would normally be considered hearsay. This applies whether they're acting personally or as a representative for someone else.
hearsay exception statement admissibility party admissions
Section § 1221
This law explains that in a legal case, you can use a statement against someone even if it's hearsay, as long as they have shown, through words or actions, that they agree with or believe the statement to be true.
Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if the statement is one of which the party, with knowledge of the content thereof, has by words or other conduct manifested his adoption or his belief in its truth.
hearsay exception statement adoption party admission
Section § 1222
This law says that hearsay, or statements made outside of the courtroom, can sometimes be used as evidence if two conditions are met. First, the person who made the statement must have been given authority by the party to speak on the subject. Second, there needs to be proof of this authority either before or during the trial, as decided by the court.
Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:
(a)CA Evidence Code § 1222(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)CA Evidence Code § 1222(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.
hearsay exception authorized statements authority to speak
Section § 1223
This law states that if someone is part of a conspiracy to commit a crime or civil wrongdoing, statements they made can be used as evidence against them, even though they're not present in court to confirm those statements. This applies if the statements were made to help achieve the goal of the conspiracy while they were involved in it. Before such statements can be used as evidence, there must be enough proof presented to show that a conspiracy existed and that the person was a part of it, unless the judge decides to allow the order of proof differently.
Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:
(a)CA Evidence Code § 1223(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)CA Evidence Code § 1223(b) The statement was made prior to or during the time that the party was participating in that conspiracy; and
(c)CA Evidence Code § 1223(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.
hearsay exception conspiracy participation crime statement
Section § 1224
In a civil lawsuit, if someone's responsibility is partly or wholly linked to another person's (the declarant's) responsibility, then statements made by that person can be used as evidence against the party, just like they could in a case directly involving that person.
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.
civil lawsuit evidence admissibility party liability
Section § 1225
This law section says that in a civil lawsuit, if you claim you have a right, title, or interest in property because it once belonged to someone else, statements made by that previous owner can be used as evidence against you. This is allowed just as if those statements were being used against the original owner in a similar case.
When a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest exists or existed in the declarant, evidence of a statement made by the declarant during the time the party now claims the declarant was the holder of the right, title, or interest is as admissible against the party as it would be if offered against the declarant in an action involving that right, title, or interest.
civil lawsuit property disputes evidence admissibility
Section § 1226
If a lawsuit is filed involving an injury to a minor, statements made by that minor can be used as evidence, even if they would normally be excluded under hearsay rules.
Evidence of a statement by a minor child is not made inadmissible by the hearsay rule if offered against the plaintiff in an action brought under Section 376 of the Code of Civil Procedure for injury to such minor child.
minor child statements hearsay exception plaintiff
Section § 1227
If someone is suing for wrongful death, any statements made by the person who has died can be used as evidence against the person bringing the lawsuit. This is an exception to the usual rule that would prevent hearsay, which is when someone repeats what another person said, from being used as evidence in court.
Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death brought under Article 6 (commencing with Section 377.60) of Chapter 4 of Title 3 of Part 2 of the Code of Civil Procedure.
wrongful death lawsuit plaintiff deceased statements
Section § 1228
This law allows a court to admit a statement from a child under 12 as evidence in certain sexual abuse cases, even if it would normally be hearsay. The statement must be made to law enforcement or welfare officials, describe the child as a victim, be made before the defendant confesses, and show no reliability issues. The child must be unable or unwilling to testify. The confession must be recorded reliably. Prosecutors must notify the defense 10 days before trial if they intend to use such a statement. If admitted, the decision is made without the jury present, only to decide if the confession can be used.
Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person accused of violating Section 261, 264.1, 285, 286, 287, 288, 289, or 647a of, or former Section 288a of, the Penal Code, a court, in its discretion, may determine that a statement of the complaining witness is not made inadmissible by the hearsay rule if it finds all of the following:
(a)CA Evidence Code § 1228(a) The statement was made by a minor child under the age of 12,
and the contents of the statement were included in a written report of a law enforcement official or an employee of a county welfare department.
(b)CA Evidence Code § 1228(b) The statement describes the minor child as a victim of sexual abuse.
(c)CA Evidence Code § 1228(c) The statement was made prior to the defendant’s confession. The court shall view with caution the testimony of a person recounting hearsay where there is evidence of personal bias or prejudice.
(d)CA Evidence Code § 1228(d) There are no circumstances, such as significant inconsistencies between the confession and the statement concerning material facts establishing any element of the crime or the identification of the defendant, that would render the statement unreliable.
(e)CA Evidence Code § 1228(e) The minor child is found to be unavailable pursuant to paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to testify.
(f)CA Evidence Code § 1228(f) The confession was memorialized in a trustworthy fashion by a law enforcement official.
If the prosecution intends to offer a statement of the complaining witness pursuant to this section, the prosecution shall serve a written notice upon the defendant at least 10 days prior to the hearing or trial at which the prosecution intends to offer the statement.
If the statement is offered during trial, the court’s determination shall be made out of the presence of the jury. If the statement is found to be admissible pursuant to this section, it shall be admitted out of the presence of the jury and solely for the
purpose of determining the admissibility of the confession of the defendant.
child testimony sexual abuse victim minor witness
Section § 1228.1
This law clarifies that when a parent or legal guardian signs a case plan in child welfare services or accepts services from it, it doesn't mean they're admitting to being guilty, and it can't be used as evidence against them in court. However, if they don't cooperate with the services in the plan without a good reason, that lack of cooperation might be used as evidence in certain court proceedings related to the Welfare and Institutions Code.
(a)CA Evidence Code § 1228.1(a) Except as provided in subdivision (b), neither the signature of any parent or legal guardian on a child welfare services case plan nor the acceptance of any services prescribed in the child welfare services case plan by any parent or legal guardian shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law.
(b)CA Evidence Code § 1228.1(b) A parent’s or guardian’s failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used as evidence, if relevant, in any hearing held pursuant to Section 366.21, 366.22, or 388 of the Welfare and Institutions Code and at any jurisdictional or dispositional hearing held on a petition filed pursuant to Section 300, 342, or 387 of the Welfare and Institutions Code.
child welfare services case plan signature parental guilt
