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California Evidence Code

§ 404

EVID § 404Div. 3 · Ch. 4 · Art. 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.

Legislative history

Enacted by Stats. 1965, Ch. 299.

Source: California Evidence Code § 404 from the California Legislative Information (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.