California Evidence Code 770 – Unless the interests of justice otherwise require, extrinsic evidence …
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Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at the hearing shall be excluded unless:
(a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or
Terms Used In California Evidence Code 770
- Action: includes a civil action and a criminal action. See California Evidence Code 105
- hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
- Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The witness has not been excused from giving further testimony in the action.
(Enacted by Stats. 1965, Ch. 299.)