Materials
This 2016 California Supreme Court case delineated between "general background hearsay" and "case-specific hearsay" in the context of expert testimony.
What is Sanchez?
This should be your last question in any expert's deposition.
Do you have any further opinions on this case?
It is this person's fault if a party's expert is impeached.
Who is the party's attorney?
This phrase refers to a situation where an expert is provided otherwise inadmissible evidence to form their opinion, allowing the opposing party to delve into the content of that evidence.
What is "opening the door?"
These five questions are:
1) Who are you, and what are your qualifications?
2) What did you review to conduct your analysis?
3) What are your opinions?
4) What is the basis for your opinions?
5) What did the defendant do/not do wrong?
What are the "Thomas Brandi Questions?"
An attorney should request this type of hearing before trial and outside of the presence of the jury if they believe an opposing expert's testimony will not comply with the Sargon factors.
What is a CEC 402 Hearing?
This California Evidence Code section allows non-party witnesses (who have not already testified) to be called as adverse witnesses if the opposing expert relied upon their opinion or statement.
What is CEC 804?
This line of questioning is only permissible when it does not usurp the jury's role as the fact finder.
What are questions eliciting opinions on the ultimate issue versus legal conclusions?
This is what you should do to prevent an opposing expert from stating an opinion beyond their deposition or report during trial.
What is making a motion in limine to preclude violations of the holding of Jones v. Moore (2000) 80 CA4th 557, 565?