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HomeEvidence CodeDiv. 10Ch. 2Art. 1§ 1227 Deceased Statements In Wrongful Death

§ 1227 Deceased Statements In Wrongful Death

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1227 Deceased Statements In Wrongful Death

Key Takeaways

  • •If someone dies and their family sues for wrongful death, the court can use things the dead person said as evidence.
  • •This only works if the evidence is used against the person being sued, not the family suing.
  • •Normally, you can't use what someone said outside of court as proof, but this law makes an exception for wrongful death cases.

Example

A person gets hit by a car and later dies. Before dying, they told their friend, 'The driver was texting and didn't stop at the red light.'

In this case, the family sues the driver for wrongful death. The court can use the dead person's statement about the driver texting as evidence, even though it wasn't said in court.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1227 Deceased Statements In Wrongful Death

Evidence of a statement by the deceased is not made inadmissible by the hearsay rule if offered against the plaintiff in an action for wrongful death brought under Article 6 (commencing with Section 377.60) of Chapter 4 of Title 3 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2023, Ch. 131, Sec. 58. (AB 1754) Effective January 1, 2024.)

Last verified: January 22, 2026

Key Terms

hearsay rulewrongful deathArticle 6Code of Civil Procedure

Related Statutes

  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception
  • § 1222 Authorized Party Statements Admissible
  • § 1223 Conspiracy Statement Admissibility
  • § 1226 Minor Child Hearsay Exception

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1227.
View Official Source