Evidence Code

§ 1 Division 1 This code shall be known as the Evidence Code. (Enacted by Stats. 1965, Ch. 299.) § 2 Division 1 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. (Enacted by Stats. 1965, Ch. 299.) § 3 Division 1 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. (Enacted by Stats. 1965, Ch. 299.) § 4 Division 1 Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this code. (Enacted by Stats. 1965, Ch. 299.) § 5 Division 1 Division, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1965, Ch. 299.) § 6 Division 1 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. (Enacted by Stats. 1965, Ch. 299.) § 7 Division 1 Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Chapter” means a chapter of the division in which that term occurs. (c) “Article” means an article of the chapter in which that term occurs. (d) “Section” means a section of this code. (e) “Subdivision” means a subdivision of the section in which that term occurs. (f) “Paragraph” means a paragraph of the subdivision in which that term occurs. (Enacted by Stats. 1965, Ch. 299.) § 8 Division 1 The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1965, Ch. 299.) § 9 Division 1 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1965, Ch. 299.) § 10 Division 1 The singular number includes the plural; and the plural, the singular. (Enacted by Stats. 1965, Ch. 299.) § 11 Division 1 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1965, Ch. 299.) § 12 Division 1 (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) 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) 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) 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) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966. (Enacted by Stats. 1965, Ch. 299.) § 100 Division 2 Unless the provision or context otherwise requires, these definitions govern the construction of this code. (Enacted by Stats. 1965, Ch. 299.) § 105 Division 2 “Action” includes a civil action and a criminal action. (Enacted by Stats. 1965, Ch. 299.) § 110 Division 2 “Burden of producing evidence” means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. (Enacted by Stats. 1965, Ch. 299.) § 115 Division 2 “Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt. Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence. (Enacted by Stats. 1965, Ch. 299.) § 120 Division 2 “Civil action” includes civil proceedings. (Enacted by Stats. 1965, Ch. 299.) § 125 Division 2 “Conduct” includes all active and passive behavior, both verbal and nonverbal. (Enacted by Stats. 1965, Ch. 299.) § 130 Division 2 “Criminal action” includes criminal proceedings. (Enacted by Stats. 1965, Ch. 299.) § 135 Division 2 “Declarant” is a person who makes a statement. (Enacted by Stats. 1965, Ch. 299.) § 140 Division 2 “Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. (Enacted by Stats. 1965, Ch. 299.) § 145 Division 2 “The hearing” means the hearing at which a question under this code arises, and not some earlier or later hearing. (Enacted by Stats. 1965, Ch. 299.) § 150 Division 2 “Hearsay evidence” is defined in Section 1200. (Enacted by Stats. 1965, Ch. 299.) § 160 Division 2 “Law” includes constitutional, statutory, and decisional law. (Enacted by Stats. 1965, Ch. 299.) § 165 Division 2 “Oath” includes affirmation or declaration under penalty of perjury. (Enacted by Stats. 1965, Ch. 299.) § 170 Division 2 “Perceive” means to acquire knowledge through one’s senses. (Enacted by Stats. 1965, Ch. 299.) § 175 Division 2 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 103. Effective January 1, 1995.) § 177 Division 2 “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 70, Sec. 1. (AB 1934) Effective January 1, 2019.) § 180 Division 2 “Personal property” includes money, goods, chattels, things in action, and evidences of debt. (Enacted by Stats. 1965, Ch. 299.) § 185 Division 2 “Property” includes both real and personal property. (Enacted by Stats. 1965, Ch. 299.) § 190 Division 2 “Proof” is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. (Enacted by Stats. 1965, Ch. 299.) § 195 Division 2 “Public employee” means an officer, agent, or employee of a public entity. (Enacted by Stats. 1965, Ch. 299.) § 200 Division 2 “Public entity” includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. (Enacted by Stats. 1965, Ch. 299.) § 205 Division 2 “Real property” includes lands, tenements, and hereditaments. (Enacted by Stats. 1965, Ch. 299.) § 210 Division 2 “Relevant evidence” means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. (Enacted by Stats. 1965, Ch. 299.) § 215 Division 2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 32. (SB 1005) Effective January 1, 2017.) § 220 Division 2 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes any state, district, commonwealth, territory, or insular possession of the United States. (Enacted by Stats. 1965, Ch. 299.) § 225 Division 2 “Statement” means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. (Enacted by Stats. 1965, Ch. 299.) § 230 Division 2 “Statute” includes a treaty and a constitutional provision. (Enacted by Stats. 1965, Ch. 299.) § 235 Division 2 “Trier of fact” includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. (Enacted by Stats. 1965, Ch. 299.) § 240 Division 2 (a) Except as otherwise provided in subdivision (b), “unavailable as a witness” means that the declarant is any of the following: (1) Exempted or precluded on the ground of privilege from testifying concerning the matter to which his or her statement is relevant. (2) Disqualified from testifying to the matter. (3) Dead or unable to attend or to testify at the hearing because of then-existing physical or mental illness or infirmity. (4) Absent from the hearing and the court is unable to compel his or her attendance by its process. (5) Absent from the hearing and the proponent of his or her statement has exercised reasonable diligence but has been unable to procure his or her attendance by the court’s process. (6) Persistent in refusing to testify concerning the subject matter of the declarant’s statement despite having been found in contempt for refusal to testify. (b) A declarant is not unavailable as a witness if the exemption, preclusion, disqualification, death, inability, or absence of the declarant was brought about by the procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the declarant from attending or testifying. (c) Expert testimony that establishes that physical or mental trauma resulting from an alleged crime has caused harm to a witness of sufficient severity that the witness is physically unable to testify or is unable to testify without suffering substantial trauma may constitute a sufficient showing of unavailability pursuant to paragraph (3) of subdivision (a). As used in this section, the term “expert” means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. The introduction of evidence to establish the unavailability of a witness under this subdivision shall not be deemed procurement of unavailability, in absence of proof to the contrary. (Amended by Stats. 2010, Ch. 537, Sec. 1. (AB 1723) Effective January 1, 2011.) § 250 Division 2 “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Amended by Stats. 2002, Ch. 945, Sec. 1. Effective January 1, 2003.) § 255 Division 2 “Original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.” (Added by Stats. 1977, Ch. 708.) § 260 Division 2 A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. (Added by Stats. 1977, Ch. 708.) § 300 Division 3, Chapter 1 Except as otherwise provided by statute, this code applies in every action before the Supreme Court or a court of appeal or superior court, including proceedings in such actions conducted by a referee, court commissioner, or similar officer, but does not apply in grand jury proceedings. (Amended by Stats. 2002, Ch. 784, Sec. 101. Effective January 1, 2003.) § 310 Division 3, Chapter 2 (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court. Determination of issues of fact preliminary to the admission of evidence are to be decided by the court as provided in Article 2 (commencing with Section 400) of Chapter 4. (b) Determination of the law of an organization of nations or of the law of a foreign nation or a public entity in a foreign nation is a question of law to be determined in the manner provided in Division 4 (commencing with Section 450). (Enacted by Stats. 1965, Ch. 299.) § 311 Division 3, Chapter 2 If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either: (a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or (b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice. (Enacted by Stats. 1965, Ch. 299.) § 312 Division 3, Chapter 2 Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury. (b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants. (Enacted by Stats. 1965, Ch. 299.) § 320 Division 3, Chapter 3 Except as otherwise provided by law, the court in its discretion shall regulate the order of proof. (Enacted by Stats. 1965, Ch. 299.) § 350 Division 3, Chapter 4, Article 1 No evidence is admissible except relevant evidence. (Enacted by Stats. 1965, Ch. 299.) § 351 Division 3, Chapter 4, Article 1 Except as otherwise provided by statute, all relevant evidence is admissible. (Enacted by Stats. 1965, Ch. 299.) § 351.1 Division 3, Chapter 4, Article 1 (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. (Added by Stats. 1983, Ch. 202, Sec. 1. Effective July 12, 1983.) § 351.2 Division 3, Chapter 4, Article 1 (a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted. (b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (Added by Stats. 2016, Ch. 132, Sec. 1. (AB 2159) Effective January 1, 2017.) § 351.3 Division 3, Chapter 4, Article 1 (a) In a civil action not governed by Section 351.2, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status. (b) This section does not do any of the following: (1) Apply to cases in which a person’s immigration status is necessary to prove an element of a claim or an affirmative defense. (2) Impact otherwise applicable laws governing the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court. (Added by Stats. 2022, Ch. 168, Sec. 1. (SB 836) Effective August 22, 2022.) § 351.4 Division 3, Chapter 4, Article 1 (a) In a criminal action, evidence of a person’s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status. (b) This section does not do any of the following: (1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense. (2) Limit discovery in a criminal action. (3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court. (Added by Stats. 2022, Ch. 168, Sec. 2. (SB 836) Effective August 22, 2022.) § 352 Division 3, Chapter 4, Article 1 The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. (Enacted by Stats. 1965, Ch. 299.) § 352.1 Division 3, Chapter 4, Article 1 In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of, the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 287 of, or former Section 288a of, the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information. (Amended by Stats. 2018, Ch. 423, Sec. 18. (SB 1494) Effective January 1, 2019.) § 352.2 Division 3, Chapter 4, Article 1 (a) In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that evidence against the substantial danger of undue prejudice under Section 352, shall consider, in addition to the factors listed in Section 352, that: (1) the probative value of such expression for its literal truth or as a truthful narrative is minimal unless that expression is created near in time to the charged crime or crimes, bears a sufficient level of similarity to the charged crime or crimes, or includes factual detail not otherwise publicly available; and (2) undue prejudice includes, but is not limited to, the possibility that the trier of fact will, in violation of Section 1101, treat the expression as evidence of the defendant’s propensity for violence or general criminal disposition as well as the possibility that the evidence will explicitly or implicitly inject racial bias into the proceedings. (b) If proffered and relevant to the issues in the case, the court shall consider the following as well as any additional relevant evidence offered by either party: (1) Credible testimony on the genre of creative expression as to the social or cultural context, rules, conventions, and artistic techniques of the expression. (2) Experimental or social science research demonstrating that the introduction of a particular type of expression explicitly or implicitly introduces racial bias into the proceedings. (3) Evidence to rebut such research or testimony. (c) For purposes of this section, “creative expression” means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media. (d) The question of the admissibility of a form of creative expression shall be heard in limine and determined by the court, outside the presence and hearing of the jury, pursuant to Section 402. The court shall state on the record its ruling and its reasons therefor. (Added by Stats. 2022, Ch. 973, Sec. 2. (AB 2799) Effective January 1, 2023.) § 353 Division 3, Chapter 4, Article 1 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and (b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice. (Enacted by Stats. 1965, Ch. 299.) § 354 Division 3, Chapter 4, Article 1 A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that: (a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means; (b) The rulings of the court made compliance with subdivision (a) futile; or (c) The evidence was sought by questions asked during cross-examination or recross-examination. (Enacted by Stats. 1965, Ch. 299.) § 355 Division 3, Chapter 4, Article 1 When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall restrict the evidence to its proper scope and instruct the jury accordingly. (Enacted by Stats. 1965, Ch. 299.) § 356 Division 3, Chapter 4, Article 1 Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence. (Enacted by Stats. 1965, Ch. 299.) § 400 Division 3, Chapter 4, Article 2 As used in this article, “preliminary fact” means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. The phrase “the admissibility or inadmissibility of evidence” includes the qualification or disqualification of a person to be a witness and the existence or nonexistence of a privilege. (Enacted by Stats. 1965, Ch. 299.) § 401 Division 3, Chapter 4, Article 2 As used in this article, “proffered evidence” means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. (Enacted by Stats. 1965, Ch. 299.) § 402 Division 3, Chapter 4, Article 2 (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article. (b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests. (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute. (Enacted by Stats. 1965, Ch. 299.) § 403 Division 3, Chapter 4, Article 2 (a) The proponent of the proffered evidence has the burden of producing evidence as to the existence of the preliminary fact, and the proffered evidence is inadmissible unless the court finds that there is evidence sufficient to sustain a finding of the existence of the preliminary fact, when: (1) The relevance of the proffered evidence depends on the existence of the preliminary fact; (2) The preliminary fact is the personal knowledge of a witness concerning the subject matter of his testimony; (3) The preliminary fact is the authenticity of a writing; or (4) The proffered evidence is of a statement or other conduct of a particular person and the preliminary fact is whether that person made the statement or so conducted himself. (b) Subject to Section 702, the court may admit conditionally the proffered evidence under this section, subject to evidence of the preliminary fact being supplied later in the course of the trial. (c) If the court admits the proffered evidence under this section, the court: (1) May, and on request shall, instruct the jury to determine whether the preliminary fact exists and to disregard the proffered evidence unless the jury finds that the preliminary fact does exist. (2) Shall instruct the jury to disregard the proffered evidence if the court subsequently determines that a jury could not reasonably find that the preliminary fact exists. (Enacted by Stats. 1965, Ch. 299.) § 404 Division 3, Chapter 4, Article 2 Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege. (Enacted by Stats. 1965, Ch. 299.) § 405 Division 3, Chapter 4, Article 2 With respect to preliminary fact determinations not governed by Section 403 or 404: (a) When the existence of a preliminary fact is disputed, the court shall indicate which party has the burden of producing evidence and the burden of proof on the issue as implied by the rule of law under which the question arises. The court shall determine the existence or nonexistence of the preliminary fact and shall admit or exclude the proffered evidence as required by the rule of law under which the question arises. (b) If a preliminary fact is also a fact in issue in the action: (1) The jury shall not be informed of the court’s determination as to the existence or nonexistence of the preliminary fact. (2) If the proffered evidence is admitted, the jury shall not be instructed to disregard the evidence if its determination of the fact differs from the court’s determination of the preliminary fact. (Enacted by Stats. 1965, Ch. 299.) § 406 Division 3, Chapter 4, Article 2 This article does not limit the right of a party to introduce before the trier of fact evidence relevant to weight or credibility. (Enacted by Stats. 1965, Ch. 299.) § 410 Division 3, Chapter 5 As used in this chapter, “direct evidence” means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. (Enacted by Stats. 1965, Ch. 299.) § 411 Division 3, Chapter 5 Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact. (Enacted by Stats. 1965, Ch. 299.) § 412 Division 3, Chapter 5 If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust. (Enacted by Stats. 1965, Ch. 299.) § 413 Division 3, Chapter 5 In determining what inferences to draw from the evidence or facts in the case against a party, the trier of fact may consider, among other things, the party’s failure to explain or to deny by his testimony such evidence or facts in the case against him, or his willful suppression of evidence relating thereto, if such be the case. (Enacted by Stats. 1965, Ch. 299.) § 450 Division 4 Judicial notice may not be taken of any matter unless authorized or required by law. (Enacted by Stats. 1965, Ch. 299.) § 451 Division 4 Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution. (b) Any matter made a subject of judicial notice by Section 11343.6, 11344.6, or 18576 of the Government Code or by Section 1507 of Title 44 of the United States Code. (c) Rules of professional conduct for members of the bar adopted pursuant to Section 6076 of the Business and Professions Code and rules of practice and procedure for the courts of this state adopted by the Judicial Council. (d) Rules of pleading, practice, and procedure prescribed by the United States Supreme Court, such as the Rules of the United States Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Admiralty Rules, the Rules of the Court of Claims, the Rules of the Customs Court, and the General Orders and Forms in Bankruptcy. (e) The true signification of all English words and phrases and of all legal expressions. (f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute. (Amended by Stats. 1986, Ch. 248, Sec. 43.) § 452 Division 4 Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: (a) The decisional, constitutional, and statutory law of any state of the United States and the resolutions and private acts of the Congress of the United States and of the Legislature of this state. (b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States. (c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. (e) Rules of court of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. (f) The law of an organization of nations and of foreign nations and public entities in foreign nations. (g) Facts and propositions that are of such common knowledge within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute. (h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. (Enacted by Stats. 1965, Ch. 299.) § 452.5 Division 4 (a) The official acts and records specified in subdivisions (c) and (d) of Section 452 include any computer-generated official court records, as specified by the Judicial Council, that relate to criminal convictions, when the record is certified by a clerk of the superior court pursuant to Section 69844.5 of the Government Code at the time of computer entry. (b) (1) An official record of conviction certified in accordance with subdivision (a) of Section 1530, or an electronically digitized copy thereof, is admissible under Section 1280 to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record. (2) For purposes of this subdivision, “electronically digitized copy” means a copy that is made by scanning, photographing, or otherwise exactly reproducing a document, is stored or maintained in a digitized format, and meets either of the following requirements: (A) The copy bears an electronic signature or watermark unique to the entity responsible for certifying the document. (B) The copied document is an official record of conviction, certified in accordance with subdivision (a) of Section 1530, that is transmitted by the clerk of the superior court in a manner showing that the copy was prepared and transmitted by that clerk of the superior court. A seal, signature, or other indicia of the court shall constitute adequate showing. (Amended by Stats. 2017, Ch. 561, Sec. 55. (AB 1516) Effective January 1, 2018.) § 453 Division 4 The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter. (Enacted by Stats. 1965, Ch. 299.) § 454 Division 4 (a) In determining the propriety of taking judicial notice of a matter, or the tenor thereof: (1) Any source of pertinent information, including the advice of persons learned in the subject matter, may be consulted or used, whether or not furnished by a party. (2) Exclusionary rules of evidence do not apply except for Section 352 and the rules of privilege. (b) Where the subject of judicial notice is the law of an organization of nations, a foreign nation, or a public entity in a foreign nation and the court resorts to the advice of persons learned in the subject matter, such advice, if not received in open court, shall be in writing. (Enacted by Stats. 1965, Ch. 299.) § 455 Division 4 With respect to any matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action: (a) If the trial court has been requested to take or has taken or proposes to take judicial notice of such matter, the court shall afford each party reasonable opportunity, before the jury is instructed or before the cause is submitted for decision by the court, to present to the court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed. (b) If the trial court resorts to any source of information not received in open court, including the advice of persons learned in the subject matter, such information and its source shall be made a part of the record in the action and the court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken. (Enacted by Stats. 1965, Ch. 299.) § 456 Division 4 If the trial court denies a request to take judicial notice of any matter, the court shall at the earliest practicable time so advise the parties and indicate for the record that it has denied the request. (Enacted by Stats. 1965, Ch. 299.) § 457 Division 4 If a matter judicially noticed is a matter which would otherwise have been for determination by the jury, the trial court may, and upon request shall, instruct the jury to accept as a fact the matter so noticed. (Enacted by Stats. 1965, Ch. 299.) § 458 Division 4 The failure or refusal of the trial court to take judicial notice of a matter, or to instruct the jury with respect to the matter, does not preclude the trial court in subsequent proceedings in the action from taking judicial notice of the matter in accordance with the procedure specified in this division. (Enacted by Stats. 1965, Ch. 299.) § 459 Division 4 (a) The reviewing court shall take judicial notice of (1) each matter properly noticed by the trial court and (2) each matter that the trial court was required to notice under Section 451 or 453. The reviewing court may take judicial notice of any matter specified in Section 452. The reviewing court may take judicial notice of a matter in a tenor different from that noticed by the trial court. (b) In determining the propriety of taking judicial notice of a matter, or the tenor thereof, the reviewing court has the same power as the trial court under Section 454. (c) When taking judicial notice under this section of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, the reviewing court shall comply with the provisions of subdivision (a) of Section 455 if the matter was not theretofore judicially noticed in the action. (d) In determining the propriety of taking judicial notice of a matter specified in Section 452 or in subdivision (f) of Section 451 that is of substantial consequence to the determination of the action, or the tenor thereof, if the reviewing court resorts to any source of information not received in open court or not included in the record of the action, including the advice of persons learned in the subject matter, the reviewing court shall afford each party reasonable opportunity to meet such information before judicial notice of the matter may be taken. (Enacted by Stats. 1965, Ch. 299.) § 460 Division 4 Where the advice of persons learned in the subject matter is required in order to enable the court to take judicial notice of a matter, the court on its own motion or on motion of any party may appoint one or more such persons to provide such advice. If the court determines to appoint such a person, he shall be appointed and compensated in the manner provided in Article 2 (commencing with Section 730) of Chapter 3 of Division 6. (Enacted by Stats. 1965, Ch. 299.) § 500 Division 5, Chapter 1, Article 1 Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting. (Enacted by Stats. 1965, Ch. 299.) § 501 Division 5, Chapter 1, Article 1 Insofar as any statute, except Section 522, assigns the burden of proof in a criminal action, such statute is subject to Penal Code Section 1096. (Enacted by Stats. 1965, Ch. 299.) § 502 Division 5, Chapter 1, Article 1 The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt. (Enacted by Stats. 1965, Ch. 299.) § 520 Division 5, Chapter 1, Article 2 The party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.) § 521 Division 5, Chapter 1, Article 2 The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.) § 522 Division 5, Chapter 1, Article 2 The party claiming that any person, including himself, is or was insane has the burden of proof on that issue. (Enacted by Stats. 1965, Ch. 299.) § 523 Division 5, Chapter 1, Article 2 In any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the state is in dispute, or (b) the validity of any state patent or grant dated prior to 1950 is in dispute, the state shall have the burden of proof on all issues relating to the historic locations of rivers, streams, and other water bodies and the authority of the state in issuing the patent or grant. This section is not intended to nor shall it be construed to supersede existing statutes governing disputes where the state is a party and regarding title to real property. (Added by Stats. 1994, Ch. 128, Sec. 2. Effective January 1, 1995.) § 524 Division 5, Chapter 1, Article 2 (a) Notwithstanding any other provision of law, in a civil proceeding to which the State Board of Equalization is a party, that board shall have the burden of proof by clear and convincing evidence in sustaining its assertion of a penalty for intent to evade or fraud against a taxpayer, with respect to any factual issue relevant to ascertaining the liability of a taxpayer. (b) Nothing in this section shall be construed to override any requirement for a taxpayer to substantiate any item on a return or claim filed with the State Board of Equalization. (c) Nothing in this section shall subject a taxpayer to unreasonable search or access to records in violation of the United States Constitution, the California Constitution, or any other law. (d) For purposes of this section, “taxpayer” includes a person on whom fees administered by the State Board of Equalization are imposed. (Added by Stats. 2010, Ch. 168, Sec. 1. (AB 2195) Effective January 1, 2011.) § 550 Division 5, Chapter 2 (a) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence. (b) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact. (Enacted by Stats. 1965, Ch. 299.) § 600 Division 5, Chapter 3, Article 1 (a) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence. (b) An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts found or otherwise established in the action. (Enacted by Stats. 1965, Ch. 299.) § 601 Division 5, Chapter 3, Article 1 A presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.) § 602 Division 5, Chapter 3, Article 1 A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption. (Enacted by Stats. 1965, Ch. 299.) § 603 Division 5, Chapter 3, Article 1 A presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied. (Enacted by Stats. 1965, Ch. 299.) § 604 Division 5, Chapter 3, Article 1 The effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption. Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate. (Enacted by Stats. 1965, Ch. 299.) § 605 Division 5, Chapter 3, Article 1 A presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor of establishment of a parent and child relationship, the validity of marriage, the stability of titles to property, or the security of those who entrust themselves or their property to the administration of others. (Amended by Stats. 1975, Ch. 1244.) § 606 Division 5, Chapter 3, Article 1 The effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact. (Enacted by Stats. 1965, Ch. 299.) § 607 Division 5, Chapter 3, Article 1 When a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established beyond a reasonable doubt and, in such case, the defendant need only raise a reasonable doubt as to the existence of the presumed fact. (Enacted by Stats. 1965, Ch. 299.) § 620 Division 5, Chapter 3, Article 2 The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions. (Enacted by Stats. 1965, Ch. 299.) § 622 Division 5, Chapter 3, Article 2 The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration. (Enacted by Stats. 1965, Ch. 299.) § 623 Division 5, Chapter 3, Article 2 Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it. (Enacted by Stats. 1965, Ch. 299.) § 624 Division 5, Chapter 3, Article 2 A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation. (Enacted by Stats. 1965, Ch. 299.) § 630 Division 5, Chapter 3, Article 3 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence. (Enacted by Stats. 1965, Ch. 299.) § 631 Division 5, Chapter 3, Article 3 Money delivered by one to another is presumed to have been due to the latter. (Enacted by Stats. 1965, Ch. 299.) § 632 Division 5, Chapter 3, Article 3 A thing delivered by one to another is presumed to have belonged to the latter. (Enacted by Stats. 1965, Ch. 299.) § 633 Division 5, Chapter 3, Article 3 An obligation delivered up to the debtor is presumed to have been paid. (Enacted by Stats. 1965, Ch. 299.) § 634 Division 5, Chapter 3, Article 3 A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly. (Enacted by Stats. 1965, Ch. 299.) § 635 Division 5, Chapter 3, Article 3 An obligation possessed by the creditor is presumed not to have been paid. (Enacted by Stats. 1965, Ch. 299.) § 636 Division 5, Chapter 3, Article 3 The payment of earlier rent or installments is presumed from a receipt for later rent or installments. (Enacted by Stats. 1965, Ch. 299.) § 637 Division 5, Chapter 3, Article 3 The things which a person possesses are presumed to be owned by him. (Enacted by Stats. 1965, Ch. 299.) § 638 Division 5, Chapter 3, Article 3 A person who exercises acts of ownership over property is presumed to be the owner of it. (Enacted by Stats. 1965, Ch. 299.) § 639 Division 5, Chapter 3, Article 3 A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined. (Enacted by Stats. 1965, Ch. 299.) § 640 Division 5, Chapter 3, Article 3 A writing is presumed to have been truly dated. (Enacted by Stats. 1965, Ch. 299.) § 641 Division 5, Chapter 3, Article 3 A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. (Enacted by Stats. 1965, Ch. 299.) § 642 Division 5, Chapter 3, Article 3 A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest. (Enacted by Stats. 1965, Ch. 299.) § 643 Division 5, Chapter 3, Article 3 A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it: (a) Is at least 30 years old; (b) Is in such condition as to create no suspicion concerning its authenticity; (c) Was kept, or if found was found, in a place where such writing, if authentic, would be likely to be kept or found; and (d) Has been generally acted upon as authentic by persons having an interest in the matter. (Enacted by Stats. 1965, Ch. 299.) § 644 Division 5, Chapter 3, Article 3 A book, purporting to be printed or published by public authority, is presumed to have been so printed or published. (Enacted by Stats. 1965, Ch. 299.) § 645 Division 5, Chapter 3, Article 3 A book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct reports of such cases. (Enacted by Stats. 1965, Ch. 299.) § 645.1 Division 5, Chapter 3, Article 3 Printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average intervals not exceeding three months. (Added by Stats. 1986, Ch. 330, Sec. 1.) § 646 Division 5, Chapter 3, Article 3 (a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates. (b) The judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence. (c) If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that: (1) If the facts which would give rise to res ipsa loquitur presumption are found or otherwise established, the jury may draw the inference from such facts that a proximate cause of the occurrence was some negligent conduct on the part of the defendant; and (2) The jury shall not find that a proximate cause of the occurrence was some negligent conduct on the part of the defendant unless the jury believes, after weighing all the evidence in the case and drawing such inferences therefrom as the jury believes are warranted, that it is more probable than not that the occurrence was caused by some negligent conduct on the part of the defendant. (Added by Stats. 1970, Ch. 69.) § 647 Division 5, Chapter 3, Article 3 The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. (Added by Stats. 1978, Ch. 528.) § 660 Division 5, Chapter 3, Article 4 The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are presumptions affecting the burden of proof. (Enacted by Stats. 1965, Ch. 299.) § 662 Division 5, Chapter 3, Article 4 The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof. (Enacted by Stats. 1965, Ch. 299.) § 663 Division 5, Chapter 3, Article 4 A ceremonial marriage is presumed to be valid. (Enacted by Stats. 1965, Ch. 299.) § 664 Division 5, Chapter 3, Article 4 It is presumed that official duty has been regularly performed. This presumption does not apply on an issue as to the lawfulness of an arrest if it is found or otherwise established that the arrest was made without a warrant. (Enacted by Stats. 1965, Ch. 299.) § 665 Division 5, Chapter 3, Article 4 A person is presumed to intend the ordinary consequences of his voluntary act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged. (Enacted by Stats. 1965, Ch. 299.) § 666 Division 5, Chapter 3, Article 4 Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such, is presumed to have acted in the lawful exercise of its jurisdiction. This presumption applies only when the act of the court or judge is under collateral attack. (Enacted by Stats. 1965, Ch. 299.) § 667 Division 5, Chapter 3, Article 4 A person not heard from in five years is presumed to be dead. (Amended by Stats. 1983, Ch. 201, Sec. 1.) § 668 Division 5, Chapter 3, Article 4 An unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged. (Enacted by Stats. 1965, Ch. 299.) § 669 Division 5, Chapter 3, Article 4 (a) The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (b) This presumption may be rebutted by proof that: (1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or (2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications. (Added by Stats. 1967, Ch. 650.) § 669.1 Division 5, Chapter 3, Article 4 A rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of their public employment shall not be considered a statute, ordinance, or regulation of that public entity within the meaning of Section 669, unless the rule, manual, policy, or guideline has been formally adopted as a statute, as an ordinance of a local governmental entity in this state empowered to adopt ordinances, or as a regulation by an agency of the state pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code), or by an agency of the United States government pursuant to the federal Administrative Procedure Act (Chapter 5 (commencing with Section 5001) of Title 5 of the United States Code). This section affects only the presumption set forth in Section 669, and is not otherwise intended to affect the admissibility or inadmissibility of the rule, policy, manual, or guideline under other provisions of law. (Repealed and added by Stats. 1987, Ch. 1207, Sec. 2.) § 669.5 Division 5, Chapter 3, Article 4 (a) Any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes, or (2) changes the standards of residential development on vacant land so that the governing body’s zoning is rendered in violation of Section 65913.1 of the Government Code is presumed to have an impact on the supply of residential units available in an area which includes territory outside the jurisdiction of the city, county, or city and county. (b) With respect to any action which challenges the validity of an ordinance specified in subdivision (a) the city, county, or city and county enacting the ordinance shall bear the burden of proof that the ordinance is necessary for the protection of the public health, safety, or welfare of the population of the city, county, or city and county. (c) This section does not apply to state and federal building code requirements or local ordinances which (1) impose a moratorium, to protect the public health and safety, on residential construction for a specified period of time, if, under the terms of the ordinance, the moratorium will cease when the public health or safety is no longer jeopardized by the construction, (2) create agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code, or (3) restrict the number of buildable parcels or designate lands within a zone for nonresidential uses in order to protect agricultural uses as defined in subdivision (b) of Section 51201 of the Government Code or open-space land as defined in subdivision (h) of Section 65560 of the Government Code. (d) This section shall not apply to a voter approved ordinance adopted by referendum or initiative prior to the effective date of this section which (1) requires the city, county, or city and county to establish a population growth limit which represents its fair share of each year’s statewide population growth, or (2) which sets a growth rate of no more than the average population growth rate experienced by the state as a whole. Paragraph (2) of subdivision (a) does not apply to a voter-approved ordinance adopted by referendum or initiative which exempts housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, or which otherwise provides low- and moderate-income housing sites equivalent to such an exemption. (Amended by Stats. 2017, Ch. 434, Sec. 2. (SB 732) Effective January 1, 2018.) § 670 Division 5, Chapter 3, Article 4 (a) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Section 1550 of the Evidence Code, together with the original bank statement