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Evidence

Nov. 30, 2023

The little hearsay exception that couldn’t

A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never made it over the hump and into the California Evidence Code. Has the “pursuit of truth in court proceedings” suffered as a result?

ADVENTURES IN HEARSAY

Whatever happened to California Evidence Code § 1243? You can check your copy of the Evidence Code, which I'm sure is right at your fingertips. Section 1243 isn't in there. Should it be?

The California Law Revision Commission up in Palo Alto certainly thought so: In 2008, the Commission sent a letter to then Governor Arnold Schwarzenegger and the Legislature of California, with a lengthy re...

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