CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Writings
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Affidavits/Declarations
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4 Cards On This Topic:
Declarations signed under penalty of perjury outside Cal. do not satisfy CCP 2015.5, and are not admissible in SJ or other authorized proceedings if contents are not certified as true "under the laws of the State of California."
Out-of-state declarations not stating they were made under penalty of perjury under the laws of the State of CA per CCP §2015.5 are not deemed sufficiently reliable to be admitted into evidence.
Affidavit of D's attorney, made on information and belief, cannot, as matter of law, be construed as evidence. It is hearsay and must be disregarded.
Declaration of D who refuses to be cross-examined may be stricken.