What is the EV code 788?
Asked by: Cristina Kessler | Last update: March 2, 2026Score: 4.6/5 (28 votes)
California Evidence Code 788 (EVID § 788) allows for a witness's credibility to be attacked by showing they have a prior felony conviction, which can be proven through their testimony or the judgment record, but this exception doesn't apply if the conviction was pardoned, expunged (except in criminal trials for subsequent offenses), or otherwise relieved under specific rehabilitation processes. It's a key rule in California law for impeaching witnesses by revealing past serious crimes, though exceptions exist for rehabilitation or specific circumstances, like when the witness is also a defendant.
What is the Evidence Code 788?
788. For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless: (a) A pardon based on his innocence has been granted to the witness by the jurisdiction in which he was convicted.
What is the Evid Code 786?
California Code, Evidence Code - EVID § 786
Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.
What is the Evidence Code 778?
California Code, Evidence Code - EVID § 778
After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or withheld in the court's discretion.
What is the Evidence Code 787?
787. Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or support the credibility of a witness.
What Is Contained in CA Evidence Code
What does code 787 mean?
Telephone numbers in Puerto Rico are assigned under the North American Numbering Plan (NANP). The NANP area codes for the island are 787 and 939.
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
Can WhatsApp messages be used as evidence?
Is electronic data (including WhatsApp Messages) admissible as evidence in Indian Courts? Electronic evidence (including WhatsApp messages) is admissible in court, but the prosecution has to file a certificate under Section 65B of the Indian Evidence Act along with it.
What is the Evidence Code 777?
777. (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot hear the testimony of other witnesses. (b) A party to the action cannot be excluded under this section.
Which type of evidence is not admissible?
Hearsay: Second hand evidence obtained from a third party's experience, generally not admissible in criminal cases.
How to challenge someone's credibility?
The collateral fact rule prevents lawyers from introducing evidence solely to make someone look bad on unrelated issues. However, evidence showing prior inconsistent statements, bias, motives to lie, or problems with memory and perception can often be presented to challenge credibility.
What evidence is normally inadmissible?
Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.
What is the Evid code 999?
California Code, Evidence Code - EVID § 999
There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient if good cause for disclosure of the communication is shown.
What is evidence code 776?
California Code, Evidence Code - EVID § 776
(a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by any adverse party at any time during the presentation of evidence by the party calling the witness.
What must be proven to convict?
To secure a criminal conviction, the prosecutor must prove beyond a reasonable doubt that the accused is guilty of criminal charges. In a criminal case, direct evidence is a powerful way for a defendant to be proven guilty beyond a reasonable doubt.
What is the 48 Evidence Act?
48. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.
What is the evidence code 1111?
As per California Penal Code Section 1111, “a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense ...
What is the 14M evidence Act?
14M Deciding whether document or evidence is protected counselling communication. (1) This section applies if a question arises under this division in relation to a proceeding to which subdivision 2 or 3 applies.
What is the 121 of evidence Act?
No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other ...
Can screenshots of text messages be used in court?
Yes, screenshots of text messages can be used in court, but they are often challenged because they can be easily edited, so courts prefer the original messages with metadata (date, time, sender) for authentication; to be admissible, you must prove the screenshots are accurate and unaltered, often through testimony or forensic methods, not just by showing the image.
Can police open WhatsApp messages?
Update to the latest version of WhatsApp. Try updating your phone's operating system. Make sure you're connected to the internet. Restart your device.
Can police look into WhatsApp messages?
We do not retain data for law enforcement purposes unless we receive a valid preservation request before a user has deleted that content from our service. In the ordinary course of providing our service, WhatsApp does not store messages once they are delivered or transaction logs of such delivered messages.
What are the 8 focus crimes?
"8 focus crimes" typically refers to the Uniform Crime Reporting (UCR) Program's Part I offenses in the U.S. (murder, rape, robbery, assault, burglary, theft, vehicle theft, arson) or, in the Philippines, the Philippine National Police (PNP) list (murder, homicide, physical injury, rape, robbery, theft, carnapping of vehicles/motorcycles). These lists cover serious, frequent crimes that law enforcement tracks closely, though the specific categories differ slightly between systems.
Can an indictment be dismissed?
Yes. In many criminal cases, individual counts of an indictment can be dismissed before trial under the right circumstances. This is a common and important pretrial issue in criminal defense, and understanding how it works can shape the entire direction of a case.
What are the four states of mind in criminal law?
The Mental State Requirement in Criminal Law Cases
- Purpose and Knowledge. The most culpable mental state under the modern approach is purpose, which means that the defendant consciously wanted a certain result to happen. ...
- Recklessness and Negligence. ...
- Strict Liability.