CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......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.