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Cal. Evid. Code § 1240

Spontaneous, Contemporaneous, and Dying Declarations

Applied in 86 court decisions — leading case People v. Alvarez (1996)

Most recently applied in 13 Cal. 5th 372 - People v. Mataele (July 2022)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

196719701980199020002010202260
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 is not made inadmissible by the hearsay rule if the statement:

(a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and

(b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception.

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