What is the current state of the law on admitting or denying a party's statements in evidence?

California, United States of America


The following excerpt is from People v. Toledo, B219800 (Cal. App. 2011):

"[W]here one party has introduced part of a conversation, the opposing party may admit any other part necessary to place the original excerpts in context." (People v. Pride (1992) 3 Cal.4th 195, 235.) Section 356 provides in part: "Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; . . . and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence." (Italics added.)

The purpose of section 356 "is to prevent the use of selected aspects of a conversation . . . so as to create a misleading impression on the subjects addressed." (People v. Arias (1996) 13 Cal.4th 92, 156.) "In applying Evidence Code section 356 the courts do not draw narrow lines around the exact subject of inquiry. 'In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in

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