Evid. Code, § 1294 · Article 9. Former Testimony
Evid. Code, § 1294
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:
(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.
(c) As used in this section, “conditional examination” has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 64, Sec. 1. (AB 1736) Effective January 1, 2019.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=1294.
- Text hash
- sha256 1303bff47984f7e18ac00a68e09419e894f6f12f0bc0e7a4c4c40074a57430bd
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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