CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...
Hearsay Except. Requiring Unavail
......
Procedural Aspects of Exceptions
.........
Manner of Proving Unavailability
............Establishing Prelim Facts
4 Cards On This Topic:
Procedure for establishing existence of preliminary fact.
Determination of preliminary facts may, but need not, be out of presence of jury.
Court must determine whether preliminary fact proven.
Court has discretion to determine whether jury present when most preliminary facts established.