Is Cal. Evid. Code § 1238 — Prior Statements of Witnesses still in force?

Statute · California Evidence Code

Cal. Evid. Code § 1238 — Prior Statements of Witnesses

Cal. Evid. Code § 1238

Type: Statute
Source: California Evidence Code
Jurisdiction: California
Current through: Nov 2, 2026 (California Legislative Counsel)

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 and:

Citator

Cal. Evid. Code § 1238 — Prior Statements of Witnesses is in force in the current edition of the Code, and nothing recorded condemns it.

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 and:

(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence;

(b) The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and

(c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.