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HomeEvidence CodeDiv. 11Ch. 2Art. 1§ 1523 Oral Evidence Of Writings

§ 1523 Oral Evidence Of Writings

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

§ 1523 Oral Evidence Of Writings

Key Takeaways

  • •You usually can't just talk about what's in a written document in court—you need the actual document.
  • •If you lost the document by accident and can't get it back, you might be allowed to talk about what was in it.
  • •If the document is hard to get or not super important, you might be able to talk about it instead of showing it.
  • •If the document is really long and you only need a quick summary, you can talk about the main points instead of reading the whole thing.

Example

You lent your friend money and wrote down how much they owed you on a piece of paper. Now you're in court because they won't pay you back, but you lost the paper.

Normally, the court wants to see the actual paper where you wrote down the money owed. But if you lost it by accident and can't find it, you might be allowed to tell the court what was written on it.

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

Official Source
View on CA.gov

§ 1523 Oral Evidence Of Writings

(a) Except as otherwise provided by statute, oral testimony is not admissible to prove the content of a writing. (b) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of a copy of the writing and the original is lost or has been destroyed without fraudulent intent on the part of the proponent of the evidence. (c) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the proponent does not have possession or control of the original or a copy of the writing and either of the following conditions is satisfied: (1) Neither the writing nor a copy of the writing was reasonably procurable by the proponent by use of the court’s process or by other available means. (2) The writing is not closely related to the controlling issues and it would be inexpedient to require its production. (d) Oral testimony of the content of a writing is not made inadmissible by subdivision (a) if the writing consists of numerous accounts or other writings that cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole. (Added by Stats. 1998, Ch. 100, Sec. 2. Effective January 1, 1999.)

Last verified: January 22, 2026

Key Terms

oral testimonycontent of a writingoriginal is lost or has been destroyedfraudulent intentcontrolling issuesnumerous accounts

Related Statutes

  • § 1520 Original Writing Proof Rule
  • § 1521 Secondary Evidence Admissibility
  • § 1220 Admissions Against Party
  • § 1221 Adopted Statement Exception
  • § 1222 Authorized Party Statements Admissible

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1523.
View Official Source