LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEvidence CodeDiv. 10Ch. 2Art. 3§ 1237 Witness Past Statement Admissibility

§ 1237 Witness Past Statement Admissibility

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

§ 1237 Witness Past Statement Admissibility

Key Takeaways

  • •If a witness forgets some details, they can use their old notes to help remember.
  • •The notes must be written when the event was fresh in their mind.
  • •The witness must say the notes are true and correct before they can be used.
  • •The notes can be read out loud in court, but the paper itself can’t be kept as evidence unless the other side offers it.

Example

A person writes down what they saw right after a car crash but forgets some details when they go to court later.

They can read their notes in court to help remember, but only if they say the notes are true and were written right after the crash.

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

Official Source
View on CA.gov

§ 1237 Witness Past Statement Admissibility

(a) Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which: (1) Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness’ memory; (2) Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness’ statement at the time it was made; (3) Is offered after the witness testifies that the statement he made was a true statement of such fact; and (4) Is offered after the writing is authenticated as an accurate record of the statement. (b) The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay ruleinsufficient present recollectionwritingauthenticated as an accurate recordadverse party

Related Statutes

  • § 1235 Prior Inconsistent Witness Statements
  • § 1236 Consistent Witness Statements Admissible
  • § 1238 Witness Identification Statements
  • § 1127 Mediator Testimony Fee Awards
  • § 1220 Admissions Against Party

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1237.
View Official Source