CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Foundation Issues
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Facts to be Redetermined by Jury
.........ID of Hearsay Declarant or Other Conduct
5 Cards On This Topic:
If preliminary fact of proffered statement or conduct is whether person made statement or so conducted self, must establish preliminary fact by evidence sufficient to sustain finding of its existence.
Identity of hearsay declarant is preliminary fact to admission of declaration.
Adoptive admission admissible when proponent has established preliminary fact of knowledge of content of declaration and conduct manifesting belief in truth of such statement.
Where DA seeks to admit prior bad act evidence, preliminary fact (relevance of evidence) must be proven by preponderance of evidence. Admonishment of jury required.
Hearsay statement properly excluded when it consists of unauthenticated telephone calls; testimony objectionable on insufficient foundation grounds.