The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C §801(a). When it comes to a person’s sanity, you don’t always need an expert.
Tag: opinion testimony
There are situations in which you may want to introduce opinion character evidence at trial. But before you use a character witness in a civil case, ask yourself the following questions.
In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call.
As James Beck of Reed Smith puts it, “California has long gone its merry, idiosyncratic way in the Daubert/Frye wars.” That’s why it was a big surprise when the California Supreme Court cut off this legal tangent and stated that California courts must apply the same Daubert standard as their federal counterparts when it comes to admitting opinion testimony not based on a new scientific technique.
