Preliminary Provisions and Construction
Section § 1
This section simply names the legal document as the 'Evidence Code.'
Section § 2
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.
Section § 3
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.
Section § 4
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.
Section § 5
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.
Section § 6
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.
Section § 7
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.
Section § 8
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.
Section § 9
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.
Section § 10
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.
Section § 11
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.
Section § 12
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.