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Cal. Evid. Code § 12

PRELIMINARY PROVISIONS AND CONSTRUCTION

Known as the Evidence Code

The act spans §§ 1–12 (12 sections).

Applied in 44 court decisions — leading case 11 Cal. 3d 531 - Pitchess v. Superior Court (1974)

Most recently applied in 100 Cal. App. 4th 363 - Department of Motor Vehicles v. Superior Court (July 2002)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

196719701980199020002002110
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.

(a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date.

(b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision:

(1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code.

(2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial.

(c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966.

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