California Statutes

§ 1251. — 1251. (Enacted by Stats. 1965, Ch. 299.)

California·Code EVID Evidence Code - EVID·Div. 10. DIVISION 10. HEARSAY EVIDENCE·Ch. 2. CHAPTER 2. Exceptions to the Hearsay Rule·Art. 5. ARTICLE 5. Statements of Mental or Physical State

Subject to Section 1252, evidence of a statement of the declarant’s state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) at a time prior to the statement is not made inadmissible by the hearsay rule if:

(a)The declarant is unavailable as a witness; and
(b)The evidence is offered to prove such prior state of mind, emotion, or physical sensation when it is itself an issue in the action and the evidence is not offered to prove any fact other than such state of mind, emotion, or physical sensation.

Free access — add to your briefcase to read the full text and ask questions with AI

California § 1251. (1251. (Enacted by Stats. 1965, Ch. 299.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Albert Joseph Forn v. Thomas A. Hornung, Warden
343 F.3d 990 (Ninth Circuit, 2003)
16 case citations

Legislative History

Enacted by Stats. 1965, Ch. 299.
View on official source ↗