CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........Operative Facts/Verbal Acts
5 Cards On This Topic:
  • Prom. Note not business record but operative contractual document admissible on adequate evidence of authenticity. Note Ledger not admissible over hearsay objection.
  • Statements of prostitutes admissible as "verbal acts" or "operative facts" of crime of prostitution and not hearsay.
  • Tape recording of D's phone conversation attempting to induce witness to work as prostitute admissible as "operative facts" of crime of pandering and not hearsay.
  • Witness testimony re failure to find specific business entry is not hearsay.
  • When words themselves are operative facts, evidence relating thereto admissible as departure from hearsay rule.