Evidence Code section 1223

Evidence of a statement offered against a party is not made inadmissible by the hearsay rule if:

(a)

The statement was made by the declarant while participating in a conspiracy to commit a crime or civil wrong and in furtherance of the objective of that conspiracy;

(b)

The statement was made prior to or during the time that the party was participating in that conspiracy; and

(c)

The evidence is offered either after admission of evidence sufficient to sustain a finding of the facts specified in subdivisions (a) and (b) or, in the court’s discretion as to the order of proof, subject to the admission of such evidence.

Source: Section 1223, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1223.­ (updated Jan. 1, 1965; accessed Jun. 30, 2025).

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Verified:
Jun. 30, 2025

§ 1223's source at ca​.gov