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. Continue reading
opinion testimony
7 Questions to Answer Before Using Opinion Character Evidence
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. Continue reading
How to Get a Witness to Start with the Basis for Opinion
Can the adverse party require that a witness on direct examination testify to the basis of his or her opinion before stating that opinion? Short answer, no. But there still may be a way to do it. Continue reading
Deposing the Doctor: Why Do It and How Much Will It Cost?
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. Continue reading
Surprise! Daubert Applies to California Expert Testimony!
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. Continue reading
