Welcome to the California Law Revision Commission

-- Last revised 4/16/08 --

Review of California Evidence Code

    The Commission has commenced a review of the Evidence Code. The Commission has done work on hearsay issues and on issues relating to the role of judge and jury, but has not issued a tentative recommendation on either subject. The project is currently on hold.
    The Commission is assisted by Professor Miguel Méndez of Stanford Law School. Prof. Méndez is preparing a background study for the Commission, consisting of nine parts:

(1) Hearsay and Its Exceptions

(2) Expert Testimony and the Opinion Rule

(3) The Role of Judge and Jury (see 37 U.S.F. L. Rev. 1003 (2003))

(4) Presumptions and Burdens of Proof (see 38 U.S.F. L. Rev. 139 (2003))

(5) Evidence Excluded by Extrinsic Policies (to be completed)

(6) Authentication and the Best and Secondary Evidence Rules (see 41 U.S.F. L. Rev. 1 (2006))

(7) Competency of Witnesses and Witness Credibility (see 39 U.S.F. L. Rev. 455 (2005))

(8) Judicial Notice (to be completed)

(9) Relevance: Definition and Limitations (see 41 U.S.F. L. Rev. 329 (2007))

    If you have questions or comments on the role of judge and jury, send email to Brian Hebert at bhebert@clrc.ca.gov. If you have questions or comments on any other aspect of this study, including the hearsay issues, send email to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material

Meeting Minutes

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Staff Memoranda

  • Memo 2005-6 -- Conforming the Evidence Code to the Federal Rules of Evidence: More Hearsay Issues (1/6/2005)

  • Memo 2004-55 -- Conforming Evidence Code To Federal Rules: Role of Judge and Jury (11/8/2004)

  • Memo 2004-44 -- Conforming Evidence Code To Federal Rules: Role of Judge and Jury (9/3/2004)

  • Memo 2004-45 -- Conforming the Evidence Code to the Federal Rules of Evidence: Hearsay Issues (8/31/2004)

  • Memo 2004-28 -- Conforming the Evidence Code to the Federal Rules of Evidence: Hearsay Issues (6/7/2004)

  • Memo 2004-18, Supp. 1 -- Conforming the Evidence Code to the Federal Rules of Evidence: Additional Hearsay Issues (6/7/2004)

  • Memo 2004-19 -- Conforming Evidence Code to Federal Rules: Role of Judge and Jury (5/28/04)

  • Memo 2004-18 -- Conforming the Evidence Code to the Federal Rules of Evidence: Additional Hearsay Issues (3/29/2004)

  • Memo 2003-39, Supp. 1 -- Conforming the Evidence Code to the Federal Rules of Evidence: Comments of Professor Méndez (11/18/2003)

  • Memo 2003-39 -- Conforming the Evidence Code to the Federal Rules of Evidence: Additional Hearsay Issues (10/30/2003)

  • Memo 2003-26, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Input of State Bar Trusts and Estates Section on Evidence Code Section 1260 (9/15/2003)

  • Memo 2003-26 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (8/4/2003)

  • Memo 2003-7, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (2/28/2003)

  • Memo 2003-7 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (2/25/2003)

  • Memo 2002-56, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Comments of Prof. Mendez Regarding Dying Declarations (11/4/2002)

  • Memo 2002-56 -- Comparison of Evidence Code with Federal Rules: Hearsay Issues (10/29/2002)

  • Memo 2002-41, Supp. 1 -- Comparison of Evidence Code with Federal Rules: Comments of Professor Slomanson (9/12/2002)

  • Memo 2002-41 -- Comparison of Evidence Code with Federal Rules: Introduction of Study and Definition of Hearsay (8/29/2002)

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Background Study

  • Background Study -- Comparison of Evidence Code with Federal Rules: Part I. Hearsay and Its Exceptions; Prof. Miguel A. Méndez (May 2002, Corrected Oct. 2003)

  • Background Study -- Comparison of Evidence Code with Federal Rules: Part I. Hearsay and Its Exceptions; Prof. Miguel A. Méndez (May 2002)

  • Background Study -- Comparison of Evidence Code with Federal Rules: Part II. Expert Testimony and the Opinion Rule; Prof. Miguel A. Méndez (May 2002)

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