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Cal. Evid. Code § 354

General Provisions

Applied in 152 court decisions — leading case 69 Cal. 2d 33 - Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co. (1968)

Most recently applied in 12 Cal. 5th 719 - People v. Holmes, McClain & Newborn (January 2022)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

196819801990200020102022120
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 exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that:

(a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means;

(b) The rulings of the court made compliance with subdivision (a) futile; or

(c) The evidence was sought by questions asked during cross-examination or recross-examination.

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