SECTIONS 1235-1238 - California Statutes

EVIDENCE CODE

SECTION 1235-1238

1235. Evidence of a statement made by a witness is not made
inadmissible by the hearsay rule if the statement is inconsistent
with his testimony at the hearing and is offered in compliance with
Section 770.

1236. Evidence of a statement previously made by a witness is not
made inadmissible by the hearsay rule if the statement is consistent
with his testimony at the hearing and is offered in compliance with
Section 791.

1237. (a) Evidence of a statement previously made by a witness is
not made inadmissible by the hearsay rule if the statement would have
been admissible if made by him while testifying, the statement
concerns a matter as to which the witness has insufficient present
recollection to enable him to testify fully and accurately, and the
statement is contained in a writing which:
(1) Was made at a time when the fact recorded in the writing
actually occurred or was fresh in the witness' memory;
(2) Was made (i) by the witness himself or under his direction or
(ii) by some other person for the purpose of recording the witness'
statement at the time it was made;
(3) Is offered after the witness testifies that the statement he
made was a true statement of such fact; and
(4) Is offered after the writing is authenticated as an accurate
record of the statement.
(b) The writing may be read into evidence, but the writing itself
may not be received in evidence unless offered by an adverse party.

1238. Evidence of a statement previously made by a witness is not
made inadmissible by the hearsay rule if the statement would have
been admissible if made by him while testifying and:
(a) The statement is an identification of a party or another as a
person who participated in a crime or other occurrence;
(b) The statement was made at a time when the crime or other
occurrence was fresh in the witness' memory; and
(c) The evidence of the statement is offered after the witness
testifies that he made the identification and that it was a true
reflection of his opinion at that time.