Evidence Code §622 purports to establish a conclusive presumption that the facts recited in a written instrument (except as to consideration) are true as between the parties. But, as with all statutes, the plain language of the Code section is only the beginning of the inquiry.
This Webinar will explore the scope and limitations of this powerful – and often dispositive – evidentiary presumption. We will address topics including:
• Which facts in a written instrument are subject to the conclusive presumption;
• What type of writing is required for the conclusive presumption to apply; and
• Strategies to prevent the application of the conclusive presumption.
Whether you are drafting a written agreement or seeking to litigate the validity or interpretation of a writing, a thorough understanding of Evidence Code §622 is vital.