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California · Through 2026-09-13

EVID § 1238

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Where this section sits in the code
  1. Evidence Code - EVID
  2. DIVISION 10. HEARSAY EVIDENCE [1200. - 1390.]
  3. CHAPTER 2. Exceptions to the Hearsay Rule [1220. - 1390.]
  4. ARTICLE 3. Prior Statements of Witnesses [1235. - 1238.]

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:

(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence;

(b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and

(c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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