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.