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HomeEvidence CodeDiv. 10Ch. 1§ 1203 Hearsay Declarant Cross-Examination

§ 1203 Hearsay Declarant Cross-Examination

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

§ 1203 Hearsay Declarant Cross-Examination

Key Takeaways

  • •If someone says something outside of court (hearsay) and it’s used as evidence, the other side can question that person like they’re on the witness stand.
  • •This rule doesn’t apply if the person who said it is part of the case (like a plaintiff or defendant), works for them, or has already talked about it in court.
  • •This rule also doesn’t apply to certain special types of hearsay, like business records or excited utterances.
  • •Even if the person who said it can’t be questioned (like if they’re dead or missing), their statement can still be used as evidence if it’s allowed by other rules.

Example

Imagine your friend tells the police, 'I saw Sam steal the bike.' If the police write it down and try to use it in court, Sam’s lawyer can call your friend to ask them questions about what they saw.

This law lets the other side check if what your friend said is true by asking them directly. But if your friend is part of the case (like if they’re suing Sam), or if what they said is something special (like a 911 call), this rule doesn’t apply.

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

Official Source
View on CA.gov

§ 1203 Hearsay Declarant Cross-Examination

(a) The declarant of a statement that is admitted as hearsay evidence may be called and examined by any adverse party as if under cross-examination concerning the statement. (b) This section is not applicable if the declarant is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the statement. (c) This section is not applicable if the statement is one described in Article 1 (commencing with Section 1220), Article 3 (commencing with Section 1235), or Article 10 (commencing with Section 1300) of Chapter 2 of this division. (d) A statement that is otherwise admissible as hearsay evidence is not made inadmissible by this section because the declarant who made the statement is unavailable for examination pursuant to this section. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay evidencedeclarantcross-examinationadverse party

Related Statutes

  • § 1202 Hearsay Declarant Credibility Rules
  • § 1200 Hearsay Evidence Admissibility
  • § 1204 Hearsay Inadmissibility In Criminal Cases
  • § 1205 Hearsay Evidence Preservation
  • § 804 Expert Witness Opinion Basis

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1203.
View Official Source