California Statutes

§ 1223. — 1223. (Enacted by Stats. 1965, Ch. 299.)

California § 1223.
JurisdictionCalifornia
Code EVIDEvidence Code - EVID
Div. 10.DIVISION 10. HEARSAY EVIDENCE
Ch. 2.CHAPTER 2. Exceptions to the Hearsay Rule
Art. 1.ARTICLE 1. Confessions and Admissions

This text of California § 1223. (1223. (Enacted by Stats. 1965, Ch. 299.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cal. Evidence Code - EVID Code § 1223. (2026).

Text

Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:

(a)The statement was made by the declarant while participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy;
(b)The statement was made prior to or during the time that the party was participating in that conspiracy; and
(c)The evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in subdivisions (a) and (b) or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.

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Related

People v. Mathis
173 Cal. App. 3d 1251 (California Court of Appeal, 1985)
10 case citations
(HC) Oliver v. Allison
(E.D. California, 2021)
Hawkins v. Bunnell
16 F. App'x 656 (Ninth Circuit, 2001)
Day v. Duncan
121 F. App'x 211 (Ninth Circuit, 2005)

Legislative History

Enacted by Stats. 1965, Ch. 299.
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