SECTIONS 1220-1228.1 - California Statutes

EVIDENCE CODE

SECTION 1220-1228.1

1220. Evidence of a statement is not made inadmissible by the
hearsay rule when offered against the declarant in an action to which
he is a party in either his individual or representative capacity,
regardless of whether the statement was made in his individual or
representative capacity.

1221. Evidence of a statement offered against a party is not made
inadmissible by the hearsay rule if the statement is one of which the
party, with knowledge of the content thereof, has by words or other
conduct manifested his adoption or his belief in its truth.

1222. Evidence of a statement offered against a party is not made
inadmissible by the hearsay rule if:
(a) The statement was made by a person authorized by the party to
make a statement or statements for him concerning the subject matter
of the statement; and
(b) The evidence is offered either after admission of evidence
sufficient to sustain a finding of such authority or, in the court's
discretion as to the order of proof, subject to the admission of such
evidence.

1223. Evidence of a statement offered against a party is not made
inadmissible by the hearsay rule if:
(a) The statement was made by the declarant while participating in
a conspiracy to commit a crime or civil wrong and in furtherance of
the objective of that conspiracy;
(b) The statement was made prior to or during the time that the
party was participating in that conspiracy; and
(c) The evidence is offered either after admission of evidence
sufficient to sustain a finding of the facts specified in
subdivisions (a) and (b) or, in the court's discretion as to the
order of proof, subject to the admission of such evidence.

1224. When the liability obligation, or duty of a party to a civil
action is based in whole or in part upon the liability, obligation,
or duty of the declarant, or when the claim or right asserted by a
party to a civil action is barred or diminished by a breach of duty
by the declarant, evidence of a statement made by the declarant is as
admissible against the party as it would be if offered against the
declarant in an action involving that liability, obligation, duty, or
breach of duty.

1225. When a right, title, or interest in any property or claim
asserted by a party to a civil action requires a determination that a
right, title, or interest exists or existed in the declarant,
evidence of a statement made by the declarant during the time the
party now claims the declarant was the holder of the right, title, or
interest is as admissible against the party as it would be if
offered against the declarant in an action involving that right,
title, or interest.

1226. Evidence of a statement by a minor child is not made
inadmissible by the hearsay rule if offered against the plaintiff in
an action brought under Section 376 of the Code of Civil Procedure
for injury to such minor child.

1227. Evidence of a statement by the deceased is not made
inadmissible by the hearsay rule if offered against the plaintiff in
an action for wrongful death brought under Section 377 of the Code of
Civil Procedure.

1228. Notwithstanding any other provision of law, for the purpose
of establishing the elements of the crime in order to admit as
evidence the confession of a person accused of violating Section 261,
264.1, 285, 286, 288, 288a, 289, or 647a of the Penal Code, a court,
in its discretion, may determine that a statement of the complaining
witness is not made inadmissible by the hearsay rule if it finds all
of the following:
(a) The statement was made by a minor child under the age of 12,
and the contents of the statement were included in a written report
of a law enforcement official or an employee of a county welfare
department.
(b) The statement describes the minor child as a victim of sexual
abuse.
(c) The statement was made prior to the defendant's confession.
The court shall view with caution the testimony of a person
recounting hearsay where there is evidence of personal bias or
prejudice.
(d) There are no circumstances, such as significant
inconsistencies between the confession and the statement concerning
material facts establishing any element of the crime or the
identification of the defendant, that would render the statement
unreliable.
(e) The minor child is found to be unavailable pursuant to
paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to
testify.
(f) The confession was memorialized in a trustworthy fashion by a
law enforcement official.
If the prosecution intends to offer a statement of the complaining
witness pursuant to this section, the prosecution shall serve a
written notice upon the defendant at least 10 days prior to the
hearing or trial at which the prosecution intends to offer the
statement.
If the statement is offered during trial, the court's
determination shall be made out of the presence of the jury. If the
statement is found to be admissible pursuant to this section, it
shall be admitted out of the presence of the jury and solely for the
purpose of determining the admissibility of the confession of the
defendant.

1228.1. (a) Except as provided in subdivision (b), neither the
signature of any parent or legal guardian on a child welfare services
case plan nor the acceptance of any services prescribed in the child
welfare services case plan by any parent or legal guardian shall
constitute an admission of guilt or be used as evidence against the
parent or legal guardian in a court of law.
(b) A parent's or guardian's failure to cooperate, except for good
cause, in the provision of services specified in the child welfare
services case plan may be used as evidence, if relevant, in any
hearing held pursuant to Section 366.21, 366.22, or 388 of the
Welfare and Institutions Code and at any jurisdictional or
dispositional hearing held on a petition filed pursuant to Section
300, 342, or 387 of the Welfare and Institutions Code.