PART IV Evidence General Definitions and Provisions Title I. The General Principles of Evidence. IV. The Effect of Evidence. V. The Rights and Duties of Witnesses. VI. Evidence in Particular Cases, and Miscellaneous and General Provisions. General Definitons and Provisions § 1823. Definition of evidence. § 1824. Definition of proof. § 1825. Definition of law of evidence. § 1826. The degree of certainty required to establish facts. § 1823. Definition of evidence. "Judicial evidence" is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. [Enacted 1953.] § 1824. Definition of proof. "Proof" is the effect of evidence, the establishment of a fact by evidence. [Enacted 1953.] § 1825. Definition of law of evidence. The "law of evidence," which is the subject of this part of the Code, is a collection of general rules established by law: 1. For declaring what is to be taken as true without proof; 2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; 3. For the production of legal evidence; 4. For the exclusion of whatever is not legal; and 5. For determining, in certain cases, the value and effect of evidence. [Enacted 1953.] § 1826. The degree of certainty required to establish facts. The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. [Enacted 1953.] § 1827. Four kinds of evidence specified. There are four kinds of evidence: 1. The knowledge of the court; 2. The testimony of witnesses; 3. Writings; 4. Other material objects presented to the senses. [Enacted 1953.] § 1828. Evidence, degrees of. There are several degrees of evidence: 1. Primary and secondary; 2. Direct and indirect; 3. Prima facie, partial, satisfactory, indispensable, and conclusive. [Enacted 1953.] § 1829. Primary. "Primary evidence" is that kind of evidence which, under every possible circumstance, affords the greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evidence of its existence and contents. [Enacted 1953.] § 1830. Secondary. "Secondary evidence" is that which is inferior to primary. Thus, a copy of an instrument or oral evidence of its contents is secondary evidence of the instrument and contents. [Enacted 1953.] § 1831. Direct evidence defined. "Direct evidence" is that which proves the fact in dispute, directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For example: If the fact in dispute be an agreement, the evidence of witness who was present and witnessed the making of it, is direct. [Enacted 1953.] § 1832. Indirect evidence defined. "Indirect evidence" is that which tends to establish the fact in dispute by proving another, and which, though true, does not of itself conclusively establish that fact, but which affords an inference or presump tion of its existence. For example: A witness proves an admission of the party to the fact in dispute. This proves a fact, from which the fact in dispute is inferred. [Enacted 1953.] § 1833. Prima facie. "Prima facie evidence" is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example: The certificate of a recording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is no such record. [Enacted 1953.] § 1834. Partial evidence defined. "Partial evidence" is that which goes to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute by proof of other facts. For example: On an issue of title to real property, evidence of the continued possession of a remote occupant is partial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute. [Enacted 1953.] § 1836. Indispensable evidence defined. "Indispensable evidence" is that without which a particular fact cannot be proved. [Enacted 1953.] § 1837. Conclusive evidence defined. "Conclusive or unanswerable evidence" is that which the law does not permit to be contradicted. For example: The record of a court of competent jurisdiction cannot be contradicted by the parties to it. [Enacted 1953.] § 1838. Cumulative evidence defined. "Cumulative evidence" is additional evidence of the same character to the same point. [Enacted 1953.] § 1839. Corroborative evidence defined. "Corroborative evidence" is additional evidence of a different character to the same point. [Enacted 1953.] § 1844. § 1845. § 1846. § 1847. § 1848. § 1849. § 1850. § 1851. § 1852. § 1853. § 1854. § 1855. § 1855a. § 1856. § 1857. § 1858. § 1859. § 1860. § 1861. § 1862. § 1863. § 1864. § 1865. § 1866. § 1867. § 1868. § 1869. § 1870. § 1871. TITLE I The General Principles of Evidence One witness sufficient to prove a fact. Testimony confined to personal knowledge. Rights, etc., of one not affected by another. Declaration of decedent evidence of pedigree. Declaration of decedent evidence against his successor in interest. Proof of contents of lost public record or document. Abstract of title An agreement reduced to writing deemed the whole. The circumstances to be considered. Terms to be construed in their general acceptation. A written instrument construed as understood by parties. Material allegation only to be proved. Evidence confined to material allegation. Affirmative only to be proved. Each party must prove his own affirmative allegations. Facts which may be proved on trial. Appointment of experts by court; compensation. § 1844. One witness sufficient to prove a fact. The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except perjury and treason. [Enacted 1953.] § 1845. Testimony confined to personal knowledge. A witness can testify of those facts only which he knows of his own knowledge; that is, which are derived from his own perceptions, except in those few express cases in which his opinions or inferences, or the declarations of others, are admissible. [Enacted 1953.] § 1846. Testimony to be in presence of persons affected. A witness can be heard only upon oath or affirmation, and upon trial he can be heard only in the presence and subject to the examination of all the parties, if they choose to attend and examine. [Enacted 1953.] § 1847. Witness presumed to speak the truth. A witness is presumed to speak the truth. This presumption, however, may be repelled by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character for truth, honesty, or integrity, or his motives, or by contradictory evidence; and the judges are the exclusive judges of his credibility. [Enacted 1953.] § 1848. Rights, etc., of one not affected by another. The rights of a party cannot be prejudiced by the declaration, act, or omission of another, except by virtue of a particular relation between them; therefore, proceedings against one cannot affect another. [Enacted 1953.] § 1849. Declarations of predecessor in title evidence. Where, however, one derives title to real property from another, the declaration, act, or omission of the latter, while holding the title, in relation to the property, is evidence against the former. [Enacted 1953.] § 1850. Declarations which are a part of the transaction. Where, also, the declaration, act, or omission forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence, as part of the transaction. [Enacted 1953.] § 1851. Evidence relating to third persons. And where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties. [Enacted 1953.] § 1852. Declaration of decedent evidence of pedigree. The declaration, act, or omission of a member of a family who is a decedent, or out of the jurisdiction, is also admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible. [Enacted 1953.] § 1853. Declaration of decedent evidence against his successor in interest. The declaration, act, or omission of a decedent, having sufficient knowledge of the subject, against |