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HomeEvidence CodeDiv. 10Ch. 2Art. 17§ 1370 Hearsay Exception For Injury Statements

§ 1370 Hearsay Exception For Injury Statements

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

§ 1370 Hearsay Exception For Injury Statements

Key Takeaways

  • •If someone is hurt or threatened and can't come to court, their written or recorded statement about what happened can be used as evidence.
  • •The statement must be made soon after the injury or threat (within 5 years) and must seem trustworthy.
  • •The statement must be written down, recorded, or told to a doctor, nurse, or police officer.
  • •The person using the statement in court must tell the other side about it ahead of time so they can prepare.

Example

A person is badly hurt in a fight and tells the police what happened right after it occurs. Later, they are too scared to go to court.

The police can share what the person told them as evidence because it was said soon after the fight, to the police, and seems trustworthy.

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

Official Source
View on CA.gov

§ 1370 Hearsay Exception For Injury Statements

(a) Evidence of a statement by a declarant is not made inadmissible by the hearsay rule if all of the following conditions are met: (1) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant. (2) The declarant is unavailable as a witness pursuant to Section 240. (3) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of statements made more than five years before the filing of the current action or proceeding shall be inadmissible under this section. (4) The statement was made under circumstances that would indicate its trustworthiness. (5) The statement was made in writing, was electronically recorded, or made to a physician, nurse, paramedic, or to a law enforcement official. (b) For purposes of paragraph (4) of subdivision (a), circumstances relevant to the issue of trustworthiness include, but are not limited to, the following: (1) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested. (2) Whether the declarant has a bias or motive for fabricating the statement, and the extent of any bias or motive. (3) Whether the statement is corroborated by evidence other than statements that are admissible only pursuant to this section. (c) A statement is admissible pursuant to this section only if the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. (Amended by Stats. 2000, Ch. 1001, Sec. 2. Effective January 1, 2001.)

Last verified: January 22, 2026

Key Terms

declarantphysical injurytrustworthinessunavailable as a witness

Related Statutes

  • § 1310 Family History Statements
  • § 1311 Family History Hearsay Exception
  • § 1323 Boundary Statement Evidence
  • § 1350 Hearsay Exception For Victim Statements
  • § 1220 Admissions Against Party

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1370.
View Official Source