Evidence Code § 351.2 – Exclusion of Immigration Status in Personal Injury
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Evidence Code § 351.2 – Exclusion of Immigration Status in Personal Injury
California Law
Evidence Code – EVID
DIVISION 3. GENERAL PROVISIONS [300 – 413]
( Division 3 enacted by Stats. 1965, Ch. 299. )
CHAPTER 4. Admitting and Excluding Evidence [350 – 406]
( Chapter 4 enacted by Stats. 1965, Ch. 299. )
ARTICLE 1. General Provisions [350 – 356]
( Article 1 enacted by Stats. 1965, Ch. 299. )
35.2.
(a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.
(b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.
(Added by Stats. 2016, Ch. 132, Sec. 1. (AB 2159) Effective January 1, 2017.)
California Law Summary
This statute prohibits the admission of a plaintiff’s immigration status as evidence in civil actions involving:
Personal injury, or
Wrongful death.
Specifically, it bars any reference to a person’s immigration status unless it is material and admissible under specific legal exceptions (which are extremely limited).
Purpose
To protect plaintiffs from prejudice or intimidation based on immigration status and ensure that all individuals have access to justice without fear that seeking legal redress will expose their legal residency or citizenship situation.
Application
This provision ensures that immigration status cannot be used to limit damages or credibility in civil trials. It is crucial in cases where the defense might attempt to reduce compensation by arguing that the plaintiff’s immigration status impacts earning potential or legal rights.
