California Evidence Code

§ 1390

EVID § 1390 Effective Jan 1, 2016Div. 10 · Ch. 2 · Art. 17

Statute text

(a)Evidence of a statement is not made inadmissible by the hearsay rule if the statement is offered against a party that has engaged, or aided and abetted, in the wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

(b)(1) The party seeking to introduce a statement pursuant to subdivision (a) shall establish, by a preponderance of the evidence, that the elements of subdivision (a) have been met at a foundational hearing.

(2)The hearsay evidence that is the subject of the foundational hearing is admissible at the foundational hearing. However, a finding that the elements of subdivision (a) have been met shall not be based solely on the unconfronted hearsay statement of the unavailable declarant, and shall be supported by independent corroborative evidence.

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Legislative history

Amended by Stats. 2015, Ch. 55, Sec. 1. (AB 593) Effective January 1, 2016.