California Evidence Code

§ 403

EVID § 403Div. 3 · Ch. 4 · Art. 2

Statute text

(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;

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Legislative history

Enacted by Stats. 1965, Ch. 299.