Are the rules of evidence in a civil action applicable to a criminal proceeding?

Defendant claims the foregoing rule is inapplicable in criminal actions. Not so. Penal Code section 1102 declares "[t]he rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code." In Miller v. Superior Court (2002) 101 Cal.App.4th 728, we applied this statute and the rule that a document treated by the trial court and parties as being in evidence will be considered as such on appeal in the context of a court's ruling on a motion in a criminal prosecution. (Id. at pp. 742-743.)