If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust.
Cal. Evid. Code § 412
Weight of Evidence Generally
Applied in 37 court decisions — leading case 47 Cal. 4th 745 - People v. Ervine (2009)
Most recently applied in 219 Cal. Rptr. 3d 474 - Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc. (June 2017)
Enacted by Stats. 1965, Ch. 299.
How often courts cite this section
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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.