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ForensicsDude

Admissible Statements

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It's not entirely clear what you're asking, but out-of-court statements are generally not admissible because they are hearsay. However, there are a number of exceptions to the rule against hearsay evidence. That rule and the exceptions are found in Division 10 of the Evidence Code (Section 1200, et seq.) (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20). There are also certain exceptions elsewhere (e.g., in the Penal Code) that are applicable only in particular contexts.

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ForensicsDude said...

I meant, what is required for a statement to be admissible in a court of law

That kinda goes without saying.

ForensicsDude said...

I am going to say statements from the witnesses as well as the defendants. Are the requirements different for both?

The requirements could be different. An out-of court statement by a party could be admissible under EC 1220). A lot of this depends on how you plan to get these statements and the context (e.g., criminal or civil matter; trial or some pretrial motion).

ForensicsDude said...

I assume [the Evidence Code] goes into what I need?

You will need the Evidence Code to get where you want to go, but the Code isn't going to tell you how it applies in a given situation, and it's not necessarily intuitive. You'd be far better off explaining the facts that give rise to your question (including explaining who you are in relation to the situation).

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