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Cal. Evid. Code § 402

Preliminary Determinations on Admissibility of Evidence

Applied in 131 court decisions — leading case 3 Cal. 3d 595 - People v. West (1970)

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

19681980199020002010202250
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) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.

(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any party so requests.

(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

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