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HomeEvidence CodeDiv. 9Ch. 1§ 1104 Character Evidence Exclusion

§ 1104 Character Evidence Exclusion

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1104 Character Evidence Exclusion

Key Takeaways

  • •You can't use someone's past behavior to guess if they were careful or skilled in a specific situation.
  • •This rule stops people from saying things like 'He's always reckless, so he must have caused the accident.'
  • •There are some exceptions, but usually, only what happened in that one moment matters.

Example

A person gets into a car crash, and the other driver says, 'He’s always driving too fast, so it’s his fault!'

The court won’t let the other driver use the person’s past driving to prove he was reckless this time. Only what happened during this crash counts.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1104 Character Evidence Exclusion

Except as provided in Sections 1102 and 1103, evidence of a trait of a person’s character with respect to care or skill is inadmissible to prove the quality of his conduct on a specified occasion. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

trait of a person’s charactercare or skillinadmissiblespecified occasion

Related Statutes

  • § 1201 Hearsay Exception Admissibility
  • § 1100 Character Evidence Admissibility
  • § 1101 Character Evidence Admissibility Rules
  • § 1102 Character Evidence In Trials
  • § 1103 Victim Character Evidence Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1104.
View Official Source