California Statutes

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

California § 404.
JurisdictionCalifornia
Code EVIDEvidence Code - EVID
Div. 3.DIVISION 3. GENERAL PROVISIONS
Ch. 4.CHAPTER 4. Admitting and Excluding Evidence
Art. 2.ARTICLE 2. Preliminary Determinations on Admissibility of Evidence

This text of California § 404. (404. (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 § 404. (2026).

Text

Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.

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

Related

Freddy Leon Wildman v. Dan Johnson
261 F.3d 832 (Ninth Circuit, 2001)
134 case citations
Mckinney v. Rees
993 F.2d 1378 (Ninth Circuit, 1993)
60 case citations
(PC) Shepherd v. Nueschmid
(E.D. California, 2021)

Legislative History

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

Cite This Page — Counsel Stack

Bluebook (online)
California § 404., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/EVID/404..