JurisdictionCaliforniaCode EVIDEvidence Code - EVID
Div. 10.DIVISION 10. HEARSAY EVIDENCE
Ch. 2.CHAPTER 2. Exceptions to the Hearsay Rule
Art. 11.ARTICLE 11. Family History
This text of California § 1316. (1316. (Amended by Stats. 1975, Ch. 1244.)) 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.
Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and:
(a)The maker was a clergyman, civil officer, or other person authorized to perform the acts reported in the certificate by law or by the rules, regulations, or requirements of a church, religious denomination, or religious society; and
(b)The certificate was issued by the maker at the time and place of the ceremony or sacrament or within a reasonable time thereafter.
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Evidence of a statement concerning a person’s birth, marriage, divorce, death, parent and child relationship, race, ancestry, relationship by blood or marriage, or other similar fact of family history is not made inadmissible by the hearsay rule if the statement is contained in a certificate that the maker thereof performed a marriage or other ceremony or administered a sacrament and:
(a)
The maker was a clergyman, civil officer, or other person authorized to perform the acts reported in the certificate by law or by the rules, regulations, or requirements of a church, religious denomination, or religious society; and
(b)
The certificate was issued by the maker at the time and place of the ceremony or sacrament or within a reasonable time thereafter.