Section 402 Of Article 2. Preliminary Determinations On Admissibility Of Evidence From California Evidence Code >> Division 3. >> Chapter 4. >> Article 2.
402
. (a) When the existence of a preliminary fact is disputed, its
existence or nonexistence shall be determined as provided in this
article.
(b) The court may hear and determine the question of the
admissibility of evidence out of the presence or hearing of the jury;
but in a criminal action, the court shall hear and determine the
question of the admissibility of a confession or admission of the
defendant out of the presence and hearing of the jury if any party so
requests.
(c) A ruling on the admissibility of evidence implies whatever
finding of fact is prerequisite thereto; a separate or formal finding
is unnecessary unless required by statute.