SECTIONS 350-356 - California Statutes

EVIDENCE CODE

SECTION 350-356

350. No evidence is admissible except relevant evidence.

351. Except as otherwise provided by statute, all relevant evidence
is admissible.

351.1. (a) Notwithstanding any other provision of law, the results
of a polygraph examination, the opinion of a polygraph examiner, or
any reference to an offer to take, failure to take, or taking of a
polygraph examination, shall not be admitted into evidence in any
criminal proceeding, including pretrial and post conviction motions
and hearings, or in any trial or hearing of a juvenile for a criminal
offense, whether heard in juvenile or adult court, unless all
parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence
statements made during a polygraph examination which are otherwise
admissible.

352. The court in its discretion may exclude evidence if its
probative value is substantially outweighed by the probability that
its admission will (a) necessitate undue consumption of time or (b)
create substantial danger of undue prejudice, of confusing the
issues, or of misleading the jury.

352.1. In any criminal proceeding under Section 261, 262, or 264.1,
subdivision (d) of Section 286, or subdivision (d) of Section 288a
of the Penal Code, or in any criminal proceeding under subdivision
(c) of Section 286 or subdivision (c) of Section 288a of the Penal
Code in which the defendant is alleged to have compelled the
participation of the victim by force, violence, duress, menace, or
threat of great bodily harm, the district attorney may, upon written
motion with notice to the defendant or the defendant's attorney, if
he or she is represented by an attorney, within a reasonable time
prior to any hearing, move to exclude from evidence the current
address and telephone number of any victim at the hearing.
The court may order that evidence of the victim's current address
and telephone number be excluded from any hearings conducted pursuant
to the criminal proceeding if the court finds that the probative
value of the evidence is outweighed by the creation of substantial
danger to the victim.
Nothing in this section shall abridge or limit the defendant's
right to discover or investigate the information.

353. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous admission of evidence unless:
(a) There appears of record an objection to or a motion to exclude
or to strike the evidence that was timely made and so stated as to
make clear the specific ground of the objection or motion; and
(b) The court which passes upon the effect of the error or errors
is of the opinion that the admitted evidence should have been
excluded on the ground stated and that the error or errors complained
of resulted in a miscarriage of justice.

354. A verdict or finding shall not be set aside, nor shall the
judgment or decision based thereon be reversed, by reason of the
erroneous exclusion of evidence unless the court which passes upon
the effect of the error or errors is of the opinion that the error or
errors complained of resulted in a miscarriage of justice and it
appears of record that:
(a) The substance, purpose, and relevance of the excluded evidence
was made known to the court by the questions asked, an offer of
proof, or by any other means;
(b) The rulings of the court made compliance with subdivision (a)
futile; or
(c) The evidence was sought by questions asked during
cross-examination or recross-examination.

355. When evidence is admissible as to one party or for one purpose
and is inadmissible as to another party or for another purpose, the
court upon request shall restrict the evidence to its proper scope
and instruct the jury accordingly.

356. Where part of an act, declaration, conversation, or writing is
given in evidence by one party, the whole on the same subject may be
inquired into by an adverse party; when a letter is read, the answer
may be given; and when a detached act, declaration, conversation, or
writing is given in evidence, any other act, declaration,
conversation, or writing which is necessary to make it understood may
also be given in evidence.