California Statutes
§ 791. — 791. (Enacted by Stats. 1965, Ch. 299.)
California § 791.
JurisdictionCalifornia
Code EVIDEvidence Code - EVID
Div. 6.DIVISION 6. WITNESSES
Ch. 6.CHAPTER 6. Credibility of Witnesses
Art. 2.ARTICLE 2. Attacking or Supporting Credibility
This text of California § 791. (791. (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 § 791. (2026).
Text
Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it is offered after:
(a)Evidence of a statement made by him that is inconsistent with any part of his testimony at the hearing has been admitted for the purpose of attacking his credibility, and the statement was made before the alleged inconsistent statement; or
(b)An express or implied charge has been made that his testimony at the hearing is recently fabricated or is influenced by bias or other improper motive, and the statement was made before the bias, motive for fabrication, or other improper motive is alleged to have arisen.
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Related
People v. Noguera
842 P.2d 1160 (California Supreme Court, 1992)
Musladin v. Lamarque
555 F.3d 830 (Ninth Circuit, 2009)
Robinson v. Cambra
15 F. App'x 452 (Ninth Circuit, 2001)
People v. Ortega CA6
(California Court of Appeal, 2020)
Legislative History
Enacted by Stats. 1965, Ch. 299.
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Bluebook (online)
California § 791., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/EVID/791..