In the state of California, rules governing the “hearsay rule” are found in California Evidence Code Section 1200, which state that any third-party statements made out of court are inadmissible as evidence during a trial. The California hearsay rule exists on the principle that out of court statements are typically unreliable and such evidence cannot be held to cross-examination.
However, there are hearsay exceptions that allow for such statements to be introduced as admissible evidence and these exceptions are a critical component of ensuring that all evidence offered at trial is relevant and truthful, particularly if these hearsay statements have been offered by unavailable witnesses.
The judge holds discretion to determine whether or not to admit hearsay evidence into the record as the law acknowledges that out of court statements may be applicable in a civil or criminal proceeding and provide pertinent, factual information related to the case.
Common Hearsay Exceptions Under California Law
The California Evidence Code designates a series of exceptions to the hearsay rule by permitting evidence to be admitted under specific conditions. These exceptions are typically allowed under two types of circumstances – the statement is deemed trustworthy or the individual who has expressed the statement is unable to testify in person.
In either instance, the hearsay statement may be admitted under the evidence code as long that statement adheres to one of the following exceptions below. Each of these exceptions has been established as a means for balancing the necessity of fairness in presenting truthful evidence while preserving the integrity of the trial process.
Spontaneous Statements
An admission of a spontaneous statement is exempt under Section 1240 of the California Evidence Code when that statement is offered under certain circumstances. Such a statement can be defined as an excited utterance, one that is made on impulse, perhaps in a fit of anger or in the spur of a moment, made without hesitation or premeditation. The reason why a spontaneous statement would be considered admissible is due to the immediate nature of the assertion which imbues it with a level of reliability that is genuine and truthful. Something blurted out may be in response to a specific situation or an honest reaction where the first thing that comes to mind is the one that was declared, making it a trustworthy statement.
Declarations Against Interest
As per California Evidence Code Section 1230, a declaration against interest is given an exception when the assertion is offered by an individual who is unavailable to testify in court and the statement runs contrary to that individual’s own best interests at the time he or she made it. The declaration against interest would carry such risk as to expose the individual to criminal liability, financial deficit, or any other form of meaningful detriment when the statement was disclosed. The reason why this assertion is considered exempt is due to the nature of the statement and that most individuals may not be so forthcoming to take such a risk as offering an assertion that could prove damaging to themselves in any capacity.
Statements of Physical Condition
Statements regarding one’s physical condition and their admissibility as evidence are covered under Section 1241 of the California Evidence Code. An individual’s own physical health or condition, be it in the present or past history, is considered a hearsay exception if such fact is made in the form of a medical diagnosis or treatment plan. This is a common exception utilized in personal injury cases where physical injury statements are made by a party regarding his or her pain, discomfort, or overall health condition to a healthcare provider. As an example, if a declarant visits his or her physician complaining about neck pain after an automobile accident, an out of court statement like this would be admissible evidence to demonstrate the nature and severity of the injury on that individual.
Business Records
The use of business records as an exception to the hearsay rule is found in California Evidence Code Section 1271, outlining that any written records from a corporation or other professional endeavor may be entered into evidence since these records would be considered reliable, as long as they were created in the operational course of normal, everyday business.
Certain written records would include any records that pertain to business transactions that are germane to the case including sales receipts, medical records, employee records, ledgers, financial statements, internal emails, and a qualified witness testifies to the authenticity of the document and the method by which it was prepared. The reason why these forms of documentation are provided an exception is because these records are considered trustworthy as evidence that can provide further clarity or offer corroborating evidence as to the facts in the case at a given time, just as long as those documents were created as a normal function of the business.
Official Record or Documents
Hearsay rule exceptions for certain written records issued by public officials or agencies are granted in California Evidence Code Sections 1280-1292 since statements that reference or include such documentation are considered to be truthful and reliable evidence since these were created by an official party. Official public records or documents can include birth or death certificates, court records, tax records, permits, deeds, mortgages on real estate, marriage licenses, and other forms of vital documentation made in an official capacity. This exception is made since paperwork issued by a state agency or other official public record is presumed to be authentic and trustworthy.
Former Testimony
Previous statements made under oath by an individual who is not available to offer testimony at trial is given an exception in California Evidence Code Section 1291 which provides that such person who has given former testimony in an earlier trial, a hearing, or deposition was under oath at that time and an opportunity to cross-examine that party was afforded. These assurances allow this testimony to be used in a current proceeding when the witness is not available, thus protecting the integrity of the legal process and putting at ease any prior consistent statement or prior inconsistent statement concerns.
Admission by a Party to the Case
California Evidence Code Section 1220 creates hearsay rule exceptions for any admission offered by one of the parties to the case being adjudicated. This admission can be construed as an admission made by that party which is against his or her best interest either spoken by the party or through the actions of that party in the case. The reason such conduct or speech is deemed reliable is due to the self-incriminating nature of the statement or the admission is considered a benefit to the other party in the proceeding. Simply put, if a defendant admits to committing a crime in a California criminal trial, that admission may be used as convincing evidence in the trial record since it was made against the defendant’s own best interest in the proceeding.
Dying Declaration
Under California Evidence Code Section 1242, a dying person who offers an out of court statement may be given an exception to the hearsay rule. The dying declaration must be made by the individual when he or she has a firm belief that death is near and the declaration pertains to the cause or circumstances surrounding their immediately impending death. The exception is made in this case because the statement is typically trustworthy since the individual is on his or her deathbed. This declaration can be entered into the record as corroborating evidence if the dying person states that another person is responsible for or has contributed to his or her imminent demise.
Statement of Medical Diagnosis or Condition
As per Section 1241 of the California Evidence Code, prior statements made regarding a medical diagnosis or treatment regimen are given hearsay rule exceptions and considered admissible in court. The reason being that such statements are determined to be trustworthy since they were made related to advising a medical professional on the circumstances of a patient’s medical condition for the purposes of treating that condition. Such statements usually contain an explanation of symptoms for an illness or the whereabouts and severity of a physical bodily injury. So if an individual declares to a healthcare provider that he or she broke their collarbone during a car accident or contracted an illness during a vacation, that statement could be considered admissible into the court record.
Family History Statement
The family history exception to the hearsay rule is covered in California Evidence Code 1310 and it provides that any statement related to an individual’s own personal family history or that of another person’s general reputation among an individual’s family may be allowed as credible, reliable evidence under the law. Family history in this instance can be any statement made about the declarant’s own birth, parental relationship, children, marriage or divorce, race, ancestry, or any other appropriate, pertinent familial ties, whether or not that declarant is available to testify at the trial. Even if the declarant does not have personal knowledge of his or her own or another individual’s family history, the statement made can be used as long as the circumstances surrounding its declaration are credible.
Declarant is a Minor Child
Any criminal proceeding in which the victim is a minor below the age of 12, a statement made when the witness testifies as to an act of child abuse or child neglect that he or she experienced at the hands of another individual, or describing an attempted instance of child abuse or child neglect on that child by another is exempt from the hearsay rule. But only if the three conditions above are met – the minor is the victim under the age of 12, describing an experience, or describing an attempt made on the victim. California Evidence Code Section 1360 provides this exception to the rule but only if the advocating party informs the adverse party of their intention to enter the statement into evidence with the specific points of the testimony to be offered in advance in order to allow the adverse party sufficient time to prepare to address the statement.
Seeking Reliable Legal Advice
In order to better understand the hearsay rule and the exceptions provided by the pertinent sections of the California Evidence Code, you need reliable, trustworthy legal advice to ensure a successful and favorable outcome in your case. That’s when you should call the Law Office of Fahim Rahman, he has been protecting the rights of victims who require the legal system to get satisfaction when they have been wronged or injured. The California legal code can be extremely complicated and those who lack sufficient knowledge of state and federal law and enter the courtroom on their own behalf may find themselves on the losing end of the case.
Even one mistake can cost you the compensation or justice you deserve. When in doubt, reach out to Attorney Fahim Rahman to ensure that you win your case.