§ 1311. — 1311. (Amended by Stats. 1975, Ch. 1244.)

California § 1311.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 10.: DIVISION 10. HEARSAY EVIDENCE
• Ch. 2.: CHAPTER 2. Exceptions to the Hearsay Rule
• Art. 11.: ARTICLE 11. Family History

Text

(a)
Subject to subdivision (b), evidence of a statement concerning the birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of the family history of a person other than the declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and:
(1)
The declarant was related to the other by blood or marriage; or
(2)
The declarant was otherwise so intimately associated with the other’s family as to be likely to have had accurate information concerning the matter declared and made the statement (i) upon information received from the other or from a person related by blood or marriage to the other or (ii) upon repute in the other’s family.
(b)
Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

Legislative History

Amended by Stats. 1975, Ch. 1244.