1 California Evidence (4th), Introduction

I. MODERN LAW OF EVIDENCE

A. [§1] The Need for Reform.

B. [§2] Uniform Acts.

C. [§3] Model Code of Evidence.

D. [§4] Uniform Rules of Evidence.

E. [§5] Federal Rules of Evidence.

F. [§6] Revision of Wigmore on Evidence.

G. Proposition 8.

1. [§7] Constitutional Provisions and New Statutes.

2. Truth in Evidence.

(a) [§8] In General.

(b) [§9] Particular Evidentiary Rules Affected.

H. [§10] Conflict of Laws.

II. CALIFORNIA EVIDENCE CODE

A. Background.

1. [§11] Defects in California Statutory System.

2. [§12] The Law Revision Commission's Studies and Conclusions.

B. [§13] Nature, Scope, and Organization.

C. [§14] Future Developments by Judicial Decisions.

D. [§15] Change by Ordinance Invalid.

E. [§16] Construction.

F. [§17] General Definitions.

III. MEANING OF EVIDENCE AND PROOF

A. [§18] Evidence.

B. [§19] Proof.

IV. EVIDENCE IN CRIMINAL PROCEEDINGS

A. [§20] In General.

B. Preliminary Examination.

1. [§21] In General.

2. [§22] Defendant's Right To Cross-Examine.

3. [§23] Special Procedures for Child, Developmentally Disabled, and Other Witnesses.

4. [§24] Effect of Proposition 115.

C. [§25] Grand Jury Proceeding.

D. Degree and Penalty Hearings.

1. [§26] Determination of Degree of Crime.

2. [§27] Murder Penalty Hearing.

E. [§28] Probation Hearing.

F. Hearings on Revocation of Probation or Parole.

1. [§29] In General.

2. [§30] Offenses Committed During Probation or Parole.

3. [§31] Use of Prior Testimony.

4. [§32] Use of Reliable Hearsay.

V. EVIDENCE IN NONJURY TRIAL

A. [§33] In General.

B. [§34] Civil Cases.

C. [§35] Criminal Cases.

VI. EVIDENCE IN JUVENILE COURT

A. In General.

1. [§36] Nature of Juvenile Court Proceedings.

2. [§37] Types of Hearings.

3. [§38] Rules of Evidence.

4. [§39] Minor's Constitutional Rights.

5. [§40] Statutory Listing of Rights.

6. [§41] Discovery.

7. [§42] Immunity of Witnesses.

B. [§43] Detention Hearing.

C. [§44] Fitness Hearing.

D. Jurisdiction Hearing.

1. [§45] Delinquency or Crime.

2. [§46] Dependency.

E. [§47] Disposition Hearing.

VII. EVIDENCE IN OTHER SPECIAL COURTS

A. [§48] Family Conciliation Court.

B. [§49] Small Claims Court.

VIII. EVIDENCE IN ARBITRATION PROCEEDINGS

A. [§50] Contractual Arbitration.

B. [§51] Judicial Arbitration.

IX. EVIDENCE IN ADMINISTRATIVE PROCEEDINGS

A. [§52] Scope of Treatment.

B. [§53] California Administrative Agencies.

C. Basic Principles.

1. [§54] Right To Present Evidence.

2. [§55] Technical Rules of Admissibility Not Applicable.

3. Substantial Evidence Required.

(a) [§56] General Rule.

(b) [§57] Weight and Sufficiency.

(c) [§58] Legally Admissible Evidence: Residuum Rule.

4. [§59] Illegally Obtained Evidence.

D. [§60] Policy Reasons for Relaxing Common Law Rules.

E. Particular Problems.

1. [§61] Burden of Proof.

2. [§62] Presumptions.

3. [§63] Quantum of Proof in Disciplinary Proceedings.

4. [§64] Relevancy.

5. Hearsay.

(a) [§65] Competent Hearsay Within an Exception.

(b) [§66] Incompetent Hearsay: Administrative Procedure Act.

(c) [§67] Incompetent Hearsay: Workers' Compensation Proceeding.

6. [§68] Complainant's Sexual Conduct.

7. Affidavits and Reports.

(a) [§69] Administrative Procedure Act.

(b) [§70] Local Agencies.

(c) [§71] Workers' Compensation Proceeding.

8. [§72] Official Notice.

9. Witnesses.

(a) [§73] Attendance and Compensation.

(b) [§74] Privileges.

10. Discovery and Production of Evidence.

(a) [§75] In General.

(b) [§76] Discovery Right Judicially Established.

(c) Discovery Under Administrative Procedure Act.

(1) [§77] In General.

(2) [§78] Procedure.

(3) [§79] Proceedings To Compel Discovery.

(d) [§80] Subpena or Subpena Duces Tecum.

(e) [§81] Depositions.

(f) [§82] Interrogatories.

11. Introduction of Evidence.

(a) [§83] In General.

(b) [§84] Cross-Examination.

(c) [§85] Rebuttal.

12. [§86] Preservation of Evidence.