§ 1281 Vital Records Hearsay Exception

Evidence Code·California

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Key Takeaways

•Birth, death, and marriage records can be used as proof in court.
•These records are okay to use even if the person who wrote them isn't in court.
•The records must be official and filed the right way with the government.

Example

A family is fighting over who gets grandma's house after she dies.

The death certificate from the hospital can be used to prove when grandma died, even if the doctor who signed it isn't in court.

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

Official Source

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§ 1281 Vital Records Hearsay Exception

Evidence of a writing made as a record of a birth, fetal death, death, or marriage is not made inadmissible by the hearsay rule if the maker was required by law to file the writing in a designated public office and the writing was made and filed as required by law. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

hearsay rule public office birth fetal death death marriage

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1281.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References