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Current as of January 01, 2023 | Updated by FindLaw Staff
Whenever the proffered evidence is claimed to be privileged under Section 940, the person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate him; and the proffered evidence is inadmissible unless it clearly appears to the court that the proffered evidence cannot possibly have a tendency to incriminate the person claiming the privilege.
Cite this article: FindLaw.com - California Code, Evidence Code - EVID § 404 - last updated January 01, 2023 | https://codes.findlaw.com/ca/evidence-code/evid-sect-404/
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