§ 2

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. This code establishes the law of this state respecting the subject to which it relates, and its provisions are to be liberally construed with a view to effecting its objects and promoting justice.

Commentary

Family law counsel should note § 2 expressly instructs courts to not strictly apply the Evidence Code. Instead, family law courts are to liberally construe the Evidence Code to promote the purpose of the Evidence Code and to promote justice in the case before the court.

Notably, the “purpose” of the Evidence Code is not clearly stated, but as counsel is aware, in family law cases, the rules of evidence are often relaxed both in the interest of resolving the cases efficiently and with an eye toward obtaining substantial justice.

With regard to the “purpose” of the California Evidence Code, Advisory Committee commentary to Federal Rule of Evidence (“FRE”) 102 cites California’s § 2 as a “similar provision.”

FRE 102 states:

These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.

Family law counsel may agree that “promoting the development of evidence law” and “ascertaining the truth” seem to fall squarely within the “purpose” of the California Evidence Code, even if not clearly stated by California law.

Commentary

Annotations

Cross references

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