CA Evid Code Section 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.
Last Updated

Aug. 19, 2023

§ 1238’s source at ca​.gov