Chapter 1. General Provisions of California Evidence Code >> Division 10. >> Chapter 1.
(a) "Hearsay evidence" is evidence of a statement that was
made other than by a witness while testifying at the hearing and that
is offered to prove the truth of the matter stated.
(b) Except as provided by law, hearsay evidence is inadmissible.
(c) This section shall be known and may be cited as the hearsay
A statement within the scope of an exception to the hearsay
rule is not inadmissible on the ground that the evidence of such
statement is hearsay evidence if such hearsay evidence consists of
one or more statements each of which meets the requirements of an
exception to the hearsay rule.
Evidence of a statement or other conduct by a declarant that
is inconsistent with a statement by such declarant received in
evidence as hearsay evidence is not inadmissible for the purpose of
attacking the credibility of the declarant though he is not given and
has not had an opportunity to explain or to deny such inconsistent
statement or other conduct. Any other evidence offered to attack or
support the credibility of the declarant is admissible if it would
have been admissible had the declarant been a witness at the hearing.
For the purposes of this section, the deponent of a deposition taken
in the action in which it is offered shall be deemed to be a hearsay
(a) The declarant of a statement that is admitted as hearsay
evidence may be called and examined by any adverse party as if under
cross-examination concerning the statement.
(b) This section is not applicable if the declarant is (1) a
party, (2) a person identified with a party within the meaning of
subdivision (d) of Section 776, or (3) a witness who has testified in
the action concerning the subject matter of the statement.
(c) This section is not applicable if the statement is one
described in Article 1 (commencing with Section 1220), Article 3
(commencing with Section 1235), or Article 10 (commencing with
Section 1300) of Chapter 2 of this division.
(d) A statement that is otherwise admissible as hearsay evidence
is not made inadmissible by this section because the declarant who
made the statement is unavailable for examination pursuant to this
Section 1203 is not applicable if the hearsay statement is
offered at a preliminary examination, as provided in Section 872 of
the Penal Code.
A statement that is otherwise admissible as hearsay evidence
is inadmissible against the defendant in a criminal action if the
statement was made, either by the defendant or by another, under such
circumstances that it is inadmissible against the defendant under
the Constitution of the United States or the State of California.
Nothing in this division shall be construed to repeal by
implication any other statute relating to hearsay evidence.