Article 1 Proof of the Content of a Writing
Article 2 Official Writings and Recorded Writings
Article 3 Photographic Copies and Printed Representations of Writings
Article 4 Production of Business Records

Terms Used In California Codes > Evidence Code > Division 11 > Chapter 2 - Secondary Evidence of Writings

  • Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Administrator: means the Administrator of Local Agency Security of the State of California. See California Government Code 53630
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent of depository: means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursuant to Section 53657. See California Government Code 53630
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the legislative body of the local agency. See California Government Code 53800
  • boxing: as used in this chapter includes "kickboxing" and "martial arts. See California Business and Professions Code 18760
  • Broker: means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee. See California Business and Professions Code 19225.5
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
  • Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
  • Business: includes every kind of business described in Section 1270. See California Evidence Code 1560
  • Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See California Probate Code 871
  • City: includes city and county. See California Harbors and Navigation Code 15
  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • Civil action: includes civil proceedings. See California Evidence Code 120
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, and equipping of any public building. See California Government Code 53800
  • Content of an electronic communication: means information concerning the substance or meaning of the communication, which meets all of the following requirements:

    California Probate Code 871

  • Contract for invention development services: shall include a contract by which an invention developer undertakes to develop or promote an invention for a customer. See California Business and Professions Code 22371
  • County: includes city and county. See California Harbors and Navigation Code 14
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • County: includes "city and county. See California Code of Civil Procedure 17
  • Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
  • Creditor: means either of the following:

    California Government Code 53760.1

  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
  • Customer: shall include any person, firm, corporation, or other entity that is solicited by, inquires about or seeks the services of, or enters into a contract for invention development services with an invention developer, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue Code of 1954, as amended, and (3) any person, firm, corporation, or other entity regularly engaged in a trade, business, or profession which has either a net worth of one hundred thousand dollars ($100,000) or more or gross receipts from any source of fifty thousand dollars ($50,000) or more during the calendar year in which any contract for invention development services is signed. See California Business and Professions Code 22371
  • Debtor: means a local public entity that may file for bankruptcy under Chapter 9. See California Government Code 53760.1
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: means the Department of General Services. See California Government Code 14977
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository: means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. See California Government Code 53630
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
  • Devise: To gift property by will.
  • Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • district: means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53720
  • duplicate: is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. See California Evidence Code 260
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
  • Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Executor: A male person named in a will to carry out the decedent
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federally insured industrial loan company: means an industrial loan company licensed under Division 7 (commencing with Section 18000) of the Financial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation. See California Government Code 53630
  • fee: shall include any payment made by the customer to such entity including reimbursements for expenditures made or costs incurred by such entity but shall not include any payment made from a portion of the income received by a customer by virtue of invention development services performed by such entity. See California Business and Professions Code 22371
  • fictitious business name: means :

    California Business and Professions Code 17900

  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • general partner: means :

    California Business and Professions Code 17901

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means participation by a party in the neutral evaluation process with the intent to negotiate toward a resolution of the issues that are the subject of the neutral evaluation process, including the timely provision of complete and accurate information to provide the relevant parties through the neutral evaluation process with sufficient information, in a confidential manner, to negotiate the readjustment of the municipality's debt. See California Government Code 53760.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • handler: means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. See California Food and Agricultural Code 6032
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
  • In the business of shopping cart or laundry cart retrieval: means to search for, gather, and restore possession to the owner, or an agent thereof, for compensation or in expectation of compensation, of shopping carts or laundry carts located outside the premises or parking area of a retail establishment. See California Business and Professions Code 22435.10
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. See California Probate Code 871
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested party: means a trustee, a committee of creditors, an affected creditor, an indenture trustee, a pension fund, a bondholder, a union that, under its collective bargaining agreements, has standing to initiate contract or debt restructuring negotiations with the municipality, or a representative selected by an association of retired employees of the public entity who receive income from the public entity convening the neutral evaluation. See California Government Code 53760.1
  • Intestate: Dying without leaving a will.
  • Invention: shall mean (1) an invention, (2) an idea, (3) a concept, or (4) any combination thereof. See California Business and Professions Code 22371
  • Invention developer: shall mean any person, firm, corporation, or association, and the agents, employees, or representatives of such person, firm, corporation, or association that develops or promotes or offers to develop or promote an invention, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue of Code of 1954, as amended, (3) any person, firm, corporation, association, or other entity whose gross receipts from contracts for invention development services, as defined in subdivision (a) of Section 22371, do not exceed 10 percent of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed, or (4) any person, firm, corporation, association or other entity that does not charge a fee for invention development services. See California Business and Professions Code 22371
  • Invention development services: shall include acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer. See California Business and Professions Code 22371
  • Investing agency: means the Public Employees' Retirement System, as defined by Section 20004. See California Government Code 53800
  • Laundry cart: means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. See California Business and Professions Code 22435
  • Laundry cart: means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. See California Business and Professions Code 22435.10
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • License: as used in this chapter also includes a "permit". See California Business and Professions Code 18631
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. See California Government Code 53630
  • local agency: means a city, county, or district empowered to levy and collect assessments or taxes. See California Government Code 53730.5
  • local agency: means city, county, or district empowered to levy or assess taxes. See California Government Code 53740
  • Local agency: means any county, city, or city and county. See California Government Code 53800
  • local agency: means county, city, regional park district, school district, community college district, or any other municipal or public corporation or district. See California Government Code 53820
  • local government: means any county, city, city and county, including a chartered city or county, or any public or municipal corporation. See California Government Code 53720
  • Local public entity: means any county, city, district, public authority, public agency, or other entity, without limitation, that is a municipality as defined in Section 101(40) of Title 11 of the United States Code (bankruptcy), or that qualifies as a debtor under any other federal bankruptcy law applicable to local public entities, and also includes a successor agency to a redevelopment agency created pursuant to Part 1. See California Government Code 53760.1
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Business and Professions Code 19225.5
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Neutral evaluation: is a form of alternative dispute resolution that may be known as mandatory mediation. See California Government Code 53760.1
  • Oath: A promise to tell the truth.
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See California Probate Code 871
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Parking area: means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. See California Business and Professions Code 22435
  • Parking area: means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. See California Business and Professions Code 22435.10
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See California Probate Code 871
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • person: includes individuals, limited liability companies, partnerships and other associations, and corporations. See California Business and Professions Code 17902
  • Person: includes an individual, a firm, or a partnership. See California Business and Professions Code 19225.5
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. See California Probate Code 871
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pooled securities: means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. See California Government Code 53630
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 53800
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public building: includes any structure, building, facility, or work which a local agency is authorized to construct and automobile parking lots, landscaping, and other facilities, including equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights-of-way appurtenant thereto or necessary for its full use. See California Government Code 53800
  • Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Public highway: includes every public street, road, or highway in this state. See California Business and Professions Code 19225.5
  • quality mark: means any mark indicating or purporting to indicate that any article is composed of gold or of any of its alloys or indicating or purporting to indicate the quality, fineness, quantity, weight or kind of gold or its alloys in an article. See California Business and Professions Code 22176
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Quorum: The number of legislators that must be present to do business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See California Probate Code 871
  • Record: includes every kind of record maintained by a business. See California Evidence Code 1560
  • registrant: means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business. See California Business and Professions Code 17903
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Security: means any of the eligible securities or obligations listed in Section 53651. See California Government Code 53630
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shopping cart: means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. See California Business and Professions Code 22435
  • Shopping cart: means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. See California Business and Professions Code 22435.10
  • State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Steam vessel: means any vessel which is propelled by machinery. See California Harbors and Navigation Code 22
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • transferee: is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code. See California Vehicle Code 640
  • Treasurer: means treasurer of the local agency. See California Government Code 53630
  • Trust: includes the following:

    California Probate Code 82

  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User: means a person that has an account with a custodian. See California Probate Code 871
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • Will: includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. See California Probate Code 871
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250