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HomeEvidence CodeDiv. 11Ch. 1Art. 1§ 1402 Altered Document Evidence Rules

§ 1402 Altered Document Evidence Rules

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

§ 1402 Altered Document Evidence Rules

Key Takeaways

  • •If you show a document in court that looks changed or altered, you have to explain why it looks that way.
  • •You can say someone else changed it without you knowing, or everyone agreed to the change, or the change didn’t really matter.
  • •If you can’t explain the change, you can’t use the document as proof.

Example

You sign a rental agreement with your landlord, but later someone scribbles over the rent amount to make it higher.

If you try to use that changed agreement in court, you have to explain why the rent amount was scribbled over. If you can’t explain it, the judge won’t let you use it as proof.

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

Official Source
View on CA.gov

§ 1402 Altered Document Evidence Rules

The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the alteration or appearance thereof. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he does that, he may give the writing in evidence, but not otherwise. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

alteredmaterial to the question in disputeaccount for the alterationconsent of the parties affectedmeaning or language of the instrument

Related Statutes

  • § 1400 Writing Authentication Rules
  • § 1401 Writing Authentication Requirement
  • § 500 Burden Of Proof Rules
  • § 501 Burden Of Proof Rules
  • § 502 Jury Instruction Burden Of Proof

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1402.
View Official Source