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Cal. Evid. Code § 353

General Provisions

Applied in 487 court decisions — leading case 9 Cal. 4th 331 - People v. Scott (1994)

Most recently applied in 14 Cal. 5th 77 - People v. Camacho (November 2022)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

1967197019801990200020102022220
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 verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless:

(a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and

(b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice.

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