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Cal. Evid. Code § 1223

Confessions and Admissions

Applied in 54 court decisions — leading case 4 Cal. 4th 1233 - People v. Cummings (1993)

Most recently applied in 8 Cal. 5th 892 - People v. Hoyt (January 2020)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

19681980199020002010202050
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.

Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:

(a) The statement was made by the declarant while participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy;

(b) The statement was made prior to or during the time that the party was participating in that conspiracy; and

(c) The evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in subdivisions (a) and (b) or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.

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