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HomeEvidence CodeDiv. 10Ch. 2Art. 11§ 1310 Family History Statements

§ 1310 Family History Statements

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

§ 1310 Family History Statements

Key Takeaways

  • •If someone can't come to court, their words about family stuff (like birth, marriage, or who their parents are) can still be used as proof.
  • •This only works if the person couldn’t have known the info themselves (like their own birth date).
  • •If the statement seems fishy or untrustworthy, it won’t be allowed.

Example

Your grandma passed away, but she once told everyone at a family dinner that your dad was adopted.

Even though your grandma isn’t here to say it in court, her statement about your dad being adopted can still be used as proof because it’s about family history.

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

Official Source
View on CA.gov

§ 1310 Family History Statements

(a) Subject to subdivision (b), evidence of a statement by a declarant who is unavailable as a witness concerning his own birth, marriage, divorce, a parent and child relationship, relationship by blood or marriage, race, ancestry, or other similar fact of his family history is not made inadmissible by the hearsay rule, even though the declarant had no means of acquiring personal knowledge of the matter declared. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness. (Amended by Stats. 1975, Ch. 1244.)

Last verified: January 22, 2026

Key Terms

declarantunavailable as a witnessfamily historyhearsay rulelack of trustworthiness

Related Statutes

  • § 1311 Family History Hearsay Exception
  • § 1323 Boundary Statement Evidence
  • § 1260 Will And Trust Statements
  • § 1312 Family History Evidence Admissibility
  • § 1313 Family Reputation Evidence

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1310.
View Official Source