Evidence 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.

Source: Section 1238, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1238.­ (updated Jan. 1, 1965; accessed Jun. 30, 2025).

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Verified:
Jun. 30, 2025

§ 1238's source at ca​.gov