Article 8. Official Records And Other Official Writings of California Evidence Code >> Division 10. >> Chapter 2. >> Article 8.
Evidence of a writing made as a record of an act, condition,
or event is not made inadmissible by the hearsay rule when offered in
any civil or criminal proceeding to prove the act, condition, or
event if all of the following applies:
(a) The writing was made by and within the scope of duty of a
public employee.
(b) The writing was made at or near the time of the act,
condition, or event.
(c) The sources of information and method and time of preparation
were such as to indicate its trustworthiness.
Evidence of a writing made as a record of a birth, fetal
death, death, or marriage is not made inadmissible by the hearsay
rule if the maker was required by law to file the writing in a
designated public office and the writing was made and filed as
required by law.
A written finding of presumed death made by an employee of
the United States authorized to make such finding pursuant to the
Federal Missing Persons Act (56 Stats. 143, 1092, and P.L. 408, Ch.
371, 2d Sess. 78th Cong.; 50 U.S.C. App. 1001-1016), as enacted or as
heretofore or hereafter amended, shall be received in any court,
office, or other place in this state as evidence of the death of the
person therein found to be dead and of the date, circumstances, and
place of his disappearance.
An official written report or record that a person is
missing, missing in action, interned in a foreign country, captured
by a hostile force, beleaguered by a hostile force, beseiged by a
hostile force, or detained in a foreign country against his will, or
is dead or is alive, made by an employee of the United States
authorized by any law of the United States to make such report or
record shall be received in any court, office, or other place in this
state as evidence that such person is missing, missing in action,
interned in a foreign country, captured by a hostile force,
beleaguered by a hostile force, besieged by a hostile force, or
detained in a foreign country against his will, or is dead or is
alive.
Evidence of a writing made by the public employee who is the
official custodian of the records in a public office, reciting
diligent search and failure to find a record, is not made
inadmissible by the hearsay rule when offered to prove the absence of
a record in that office.