CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Prior Mental or Physical State
.........Limitations on Use
............Lack of Trustworthiness
7 Cards On This Topic:
  • Statement inadmissible if circumstances indicate lack of trustworthiness.
  • No abuse of discretion in excluding D's will and 5 pages of notes, written while trapped by Os in house, where there was thus ample ground to suspect his motives and sincerity when he wrote the self-serving documents.
  • To be admissible as present state of mind exception, statement must be made under circumstances indicating trustworthiness.
  • Statement not made in a natural manner and made under suspicious circumstances is untrustworthy and inadmissible under state of mind exception.
  • Indicia of trustworthiness of declarant, including naturalness of manner and lack of suspicious circumstances, must be examined in determining admissibility of statement.
  • Statement inadmissible if made under circumstances indicating lack of trustworthiness.
  • Statement inadmissible if made under circumstances indicating lack of trustworthiness.