Section § 785

Explanation

Any party in a legal case, including the one who called the witness, can question or defend the reliability and trustworthiness of that witness's testimony.

The credibility of a witness may be attacked or supported by any party, including the party calling him.

Section § 786

Explanation

This law states that when trying to determine if someone is telling the truth as a witness, you cannot use evidence about their character traits other than honesty or how truthful they are to argue whether or not they should be believed.

Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.

Section § 787

Explanation

This law states that you can't use specific examples of a person’s behavior just to show they have a certain character trait when you're trying to question or back up a witness's honesty in court.

Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or support the credibility of a witness.

Section § 788

Explanation

This law section explains how a witness's credibility can be challenged in court by showing they have a felony conviction. However, if the witness has received a pardon due to innocence, a certificate of rehabilitation, a dismissal of charges, or similar relief from another jurisdiction, their conviction can't be used to question their credibility. There are exceptions if the witness is currently on trial for another crime.

For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless:
(a)CA Evidence Code § 788(a) A pardon based on his innocence has been granted to the witness by the jurisdiction in which he was convicted.
(b)CA Evidence Code § 788(b) A certificate of rehabilitation and pardon has been granted to the witness under the provisions of Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(c)CA Evidence Code § 788(c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense.
(d)CA Evidence Code § 788(d) The conviction was under the laws of another jurisdiction and the witness has been relieved of the penalties and disabilities arising from the conviction pursuant to a procedure substantially equivalent to that referred to in subdivision (b) or (c).

Section § 789

Explanation

This law states that you cannot use someone's religious beliefs, or their lack of them, to challenge or support how believable they are as a witness in court.

Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.

Section § 790

Explanation

This law states that you can't use evidence of a witness's good character to make them seem more believable unless someone has already introduced evidence of their bad character to challenge their credibility.

Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose of attacking his credibility.

Section § 791

Explanation

If a witness made a consistent statement earlier, you generally can't use that statement just to make them seem more believable now. But there are two exceptions. First, if someone brings up a previous conflicting statement to question their credibility, and the consistent one came before it, then it's allowed. Second, if there's an accusation that the witness recently made up their testimony or is biased, and the consistent statement happened before this alleged bias or motive, then you can use it.

Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after:
(a)CA Evidence Code § 791(a) Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or
(b)CA Evidence Code § 791(b) An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen.