Statute · California Evidence Code
Cal. Evid. Code § 404 — Preliminary Determinations on Admissibility of Evidence
Cal. Evid. Code § 404
- Type
- Statute
- Source
- California Evidence Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the…
Citator
Cal. Evid. Code § 404 — Preliminary Determinations on Admissibility of Evidence is in force in the current edition of the Code, and nothing recorded condemns it.
Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.