Family History - Exceptions To The Hearsay Rule - Evidence - CA

Section § 1310

This law explains that if someone can't testify in court (they are "unavailable"), their statements about personal or family matters—like their birth, marriage, or ancestry—can still be used in court, even if they didn't witness these events themselves.

However, if the statement seems unreliable or untrustworthy, it can't be used as evidence.

(a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared.

(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

declarant unavailable hearsay exception family history evidence ...

Section § 1311

This law allows certain statements about family history, like birth or marriage, to be used as evidence even if they usually wouldn't be allowed because they are hearsay. This is only possible if the person who made the statement can't be a witness and was closely related to the family in question by blood, marriage, or similar close association. However, if there's reason to believe the statement isn't trustworthy, it can't be used as evidence.

(a) Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a person other than the declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:

(1) The declarant was related to the other by blood or marriage; or

(2) The declarant was otherwise so intimately associated with the other’s family as to be likely to have had accurate information concerning the matter declared and made the statement (i) upon information received from the other or from a person related by blood or marriage to the other or (ii) upon repute in the other’s family.

(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

hearsay exception family history statements unavailable declarant ...

Section § 1312

Evidence like family Bibles, rings, portraits, or tombstone engravings can be used in court to prove family history details such as births, marriages, deaths, and family relationships. This type of evidence isn't excluded by the hearsay rule when it's about family history.

Evidence of entries in family Bibles or other family books or charts, engravings on rings, family portraits, engravings on urns, crypts, or tombstones, and the like, is not made inadmissible by the hearsay rule when offered to prove the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.

family Bible evidence family history hearsay exception ...

Section § 1313

This section of the law says that evidence about what people in a family say about family events or relationships, like births or marriages, can be used in court, even if it’s normally considered hearsay (information not directly from a witness).

It's allowed if it relates to family history, such as births, marriages, divorces, deaths, or family ties by blood or marriage.

Evidence of reputation among members of a family is not made inadmissible by the hearsay rule if the reputation concerns the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a member of the family by blood or marriage.

reputation evidence family history hearsay exception ...

Section § 1314

You can use what people say in a community about someone's birth, marriage, divorce, or death as evidence in court, even though it's usually considered hearsay. This means these community beliefs are exceptions to the hearsay rule and can be admitted as evidence in legal cases.

Evidence of reputation in a community concerning the date or fact of birth, marriage, divorce, or death of a person resident in the community at the time of the reputation is not made inadmissible by the hearsay rule.

community reputation hearsay exception birth evidence ...

Section § 1315

This law explains that certain family-related facts like birth, marriage, or death recorded in religious settings can be used as evidence despite the hearsay rule. For these statements to be admissible, they must be recorded in a way that would typically be allowed under another specific legal section and must be the kind of information usually noted during those events.

Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history which is contained in a writing made as a record of a church, religious denomination, or religious society is not made inadmissible by the hearsay rule if:

(a) The statement is contained in a writing made as a record of an act, condition, or event that would be admissible as evidence of such act, condition, or event under Section 1271; and

(b) The statement is of a kind customarily recorded in connection with the act, condition, or event recorded in the writing.

hearsay rule exception religious records birth records ...

Section § 1316

This law says that certain statements about family history, like birth or marriage, are allowed as evidence even if they're hearsay. However, they need to be in a certificate made by someone who officiated a ceremony, like a clergyman or civil officer. Additionally, the certificate must have been issued at the time of the ceremony or soon after.

Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and:

(a) The maker was a clergyman, civil officer, or other person authorized to perform the acts reported in the certificate by law or by the rules, regulations, or requirements of a church, religious denomination, or religious society; and

(b) The certificate was issued by the maker at the time and place of the ceremony or sacrament or within a reasonable time thereafter.

hearsay exception family history evidence birth certificate ...