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Cal. Evid. Code § 664

Presumptions Affecting the Burden of Proof

Applied in 409 court decisions — leading case 10 Cal. 4th 764 - People v. Stanley (1995)

Most recently applied in 12 Cal. 5th 367 - People v. Gonzalez (December 2021)

Enacted by Stats. 1965, Ch. 299.

How often courts cite this section

1966197019801990200020102021160
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.

It is presumed that official duty has been regularly performed. This presumption does not apply on an issue as to the lawfulness of an arrest if it is found or otherwise established that the arrest was made without a warrant.

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