California Evidence Code

§ 405

EVID § 405Div. 3 · Ch. 4 · Art. 2

Statute text

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:

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Legislative history

Enacted by Stats. 1965, Ch. 299.