§ 12 Effective Date Of Code

Key Takeaways

•This law started working on January 1, 1967. It applies to all new cases and most old cases that were still going on after that date.
•If a trial started before 1967, the old rules still apply. A trial starts when the first witness talks or the first piece of evidence is shown.
•If there's an appeal from a trial that started before 1967, the appeal uses the old rules too.
•For privileges (like keeping secrets in court), the new rules apply to any claim made after December 31, 1966.

Example

Imagine someone had a court case that started in 1966. The first witness talked in December 1966.

Even if the case was still going on in 1967, the old rules would apply because the trial started before 1967. But if they tried to keep a secret in court after 1966, they'd have to follow the new rules for that part.

EVIDENCE CODE - EVID DIVISION 1 PRELIMINARY PROVISIONS AND CONSTRUCTION [1. - 12] ( Division 1 enacted by Stats. 1965, Ch. 299. ) 12. (a) This code shall become operative on January 1, 1967, and shall govern proceedings in actions brought on or after that date and, except as provided in subdivision (b), further proceedings in actions pending on that date. (b) Subject to subdivision (c), a trial commenced before January 1, 1967, shall not be governed by this code. For the purpose of this subdivision: (1) A trial is commenced when the first witness is sworn or the first exhibit is admitted into evidence and is terminated when the issue upon which such evidence is received is submitted to the trier of fact. A new trial, or a separate trial of a different issue, commenced on or after January 1, 1967, shall be governed by this code. (2) If an appeal is taken from a ruling made at a trial commenced before January 1, 1967, the appellate court shall apply the law applicable at the time of the commencement of the trial. (c) The provisions of Division 8 (commencing with Section 900) relating to privileges shall govern any claim of privilege made after December 31, 1966. (Enacted by Stats. 1965, Ch. 299.)

Key Takeaways

•This law started working on January 1, 1967. It applies to all new cases and most old cases that were still going on after that date.
•If a trial started before 1967, the old rules still apply. A trial starts when the first witness talks or the first piece of evidence is shown.
•If there's an appeal from a trial that started before 1967, the appeal uses the old rules too.
•For privileges (like keeping secrets in court), the new rules apply to any claim made after December 31, 1966.

Example

Imagine someone had a court case that started in 1966. The first witness talked in December 1966.

Key Takeaways

Example

Key Terms

References

§ 12 Effective Date Of Code

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References