Section § 1

Explanation

This section simply names the legal document as the 'Evidence Code.'

This code shall be known as the Evidence Code.

Section § 2

Explanation

This law section states that the traditional rule where laws that change common law are interpreted narrowly doesn't apply here. Instead, the laws in this code should be interpreted broadly to achieve their goals and support justice.

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to effecting its objects and promoting justice.

Section § 3

Explanation

If a part of this code is found to be invalid, it doesn't affect the validity of the rest of the code. This means that even if one part doesn't work, the rest can still be used without any issues. The law emphasizes that each part stands on its own.

If any provision or clause of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

Section § 4

Explanation

This section explains that unless there is something in the law itself or its context that indicates otherwise, the basic rules and guidelines provided here will be used to interpret this code.

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code.

Section § 5

Explanation

This section of the law clarifies that the headings used in this legal code, such as division, chapter, article, and section titles, have no legal effect on how the actual rules are interpreted or applied. They do not change the meaning or intent of the law itself.

Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 6

Explanation

This law means that when a specific part of the code or any other law is referred to, it automatically includes any changes or additions made to it in the past or future. In other words, references are always to the most current version of the law.

Whenever any reference is made to any portion of this code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

Section § 7

Explanation

This section clarifies how different parts of the legal code in this evidence context are defined unless specifically stated otherwise. It defines terms like 'division,' 'chapter,' 'article,' 'section,' 'subdivision,' and 'paragraph,' and explains how they relate to one another within the legal code. Essentially, it tells you where each part fits in the hierarchy of the legal documentation.

Unless otherwise expressly stated:
(a)CA Evidence Code § 7(a) “Division” means a division of this code.
(b)CA Evidence Code § 7(b) “Chapter” means a chapter of the division in which that term occurs.
(c)CA Evidence Code § 7(c) “Article” means an article of the chapter in which that term occurs.
(d)CA Evidence Code § 7(d) “Section” means a section of this code.
(e)CA Evidence Code § 7(e) “Subdivision” means a subdivision of the section in which that term occurs.
(f)CA Evidence Code § 7(f) “Paragraph” means a paragraph of the subdivision in which that term occurs.

Section § 8

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 9

Explanation

This law section clarifies that when the law uses masculine terms, it also refers to feminine and gender-neutral terms. Essentially, gendered terms should be interpreted inclusively.

The masculine gender includes the feminine and neuter.

Section § 10

Explanation

This law says that when reading legal documents, if a word is singular, it can also mean plural, and if it's plural, it can mean singular. This helps to make sure the language is flexible and inclusive.

The singular number includes the plural; and the plural, the singular.

Section § 11

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 12

Explanation

This section explains when and how this part of the California Evidence Code applies. It states that the code has been in effect since January 1, 1967, and it applies to cases started on or after this date, and also to ongoing cases, unless exceptions apply. For trials that began before January 1, 1967, the old laws are still used, even if appeals happen after that date. However, any claims related to privileges are subject to the new law from January 1, 1967, onward.

(a)CA Evidence Code § 12(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date.
(b)CA Evidence Code § 12(b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision:
(1)CA Evidence Code § 12(b)(1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code.
(2)CA Evidence Code § 12(b)(2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial.
(c)CA Evidence Code § 12(c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966.