§ 1284 Public Record Absence Evidence

Evidence Code·California

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Key Takeaways

•If a government worker in charge of records writes down that they looked hard but couldn't find a record, that note can be used in court.
•This note isn't blocked just because the worker isn't there to say it in person.
•It only works if the worker is the official person in charge of those records.

Example

You ask the city hall for a copy of your birth certificate, but they can't find it.

If the person in charge of birth records writes a note saying they searched carefully and couldn't find it, that note can be used in court to show the record is missing.

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

Official Source

View on CA.gov

§ 1284 Public Record Absence Evidence

Evidence of a writing made by the public employee who is the official custodian of the records in a public office, reciting diligent search and failure to find a record, is not made inadmissible by the hearsay rule when offered to prove the absence of a record in that office. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

public employee official custodian diligent search failure to find a record hearsay rule absence of a record

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1284.

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Example

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Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References