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2025 California Code
Evidence Code - EVID
DIVISION 10 - HEARSAY EVIDENCE
CHAPTER 2 - Exceptions to the Hearsay Rule
ARTICLE 3 - Prior Statements of Witnesses
Section 1238.
Universal Citation:
CA Ev Code § 1238 (2025)
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1238. 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.
(Enacted by Stats. 1965, Ch. 299.)
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