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Cal. Evid. Code § 115

WORDS AND PHRASES DEFINED

Applied in 160 court decisions — leading case 25 Cal. 4th 826 - Aguilar v. Atlantic Richfield Co. (2001)

Most recently applied in People v. Liu (November 2019)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

196719701980199020002010201970
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.

Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.