§ 1242 Dying Declarations Admissibility

Evidence Code·California

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Key Takeaways

•If someone is about to die, what they say about how they got hurt or killed can be used in court.
•The person must have seen or known what happened themselves.
•They must have believed they were going to die very soon when they said it.

Example

A person is in a car crash and badly hurt. They tell a paramedic, 'The other driver ran the red light and hit me.' Then they die.

Even though the paramedic is repeating what the hurt person said, the words can be used in court because the person saw it happen and knew they were dying.

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

Official Source

View on CA.gov

§ 1242 Dying Declarations Admissibility

Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

dying person cause and circumstances of his death hearsay rule personal knowledge sense of immediately impending death

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1242.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References