California Evidence Code 1261 – (a) Evidence of a statement is not made inadmissible by the …
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(a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.
Terms Used In California Evidence Code 1261
- Action: includes a civil action and a criminal action. See California Evidence Code 105
- Declarant: is a person who makes a statement. See California Evidence Code 135
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
(Enacted by Stats. 1965, Ch. 299.)