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California Code, Evidence Code - EVID § 1238

Current as of January 01, 2025 | Updated by Findlaw Staff

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:

(a) The statement is an identification of a party or another as a person who participated in a crime or other occurrence;

(b) The statement was made at a time when the crime or other occurrence was fresh in the witness' memory; and

(c) The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.

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Cite this article: FindLaw.com - California Code, Evidence Code - EVID § 1238 - last updated January 01, 2025 | https://codes.findlaw.com/ca/evidence-code/evid-sect-1238/

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