Expert Direct
How many Cannons of Expert Examination are there?
20, see page 34 Trial Book
What is the definition of relevance?
CEC 210, relevant evidence is any evidence having any tendency or reason to prove or disprove any disputed fact that is of consequence to the determination of the action. Including evidence relevant to the credibility of a witness or hearsay declarant. see Page 4 evidence wheels.
What kind of questions can experts be asked on cross?
Leading questions are permitted on cross examination. See page 15 evidence wheels.
What 3 things are required for an expert to testify?
CEC 801 Expert Opinion Testimony, see page 4 evidence wheels.
What is the Sargon rule?
The Sargon rule says experts can use inadmissible hearsay to reach conclusions but cannot state the inadmissible hearsay on DIRECT. See Page 14 evidence wheels.
Plaintiff's car explodes in a car crash accident. Expert P testifies that plaintiff had an another bad accident in a different car over 10 years ago. Is the evidence relevant?
No relevance, see CEC 210.
Expert P for plaintiff just finished direct, what kind of questions should you NEVER ask as the cross examining attorney?
Never ask open ended questions.
How can you exclude expert testimony before a trial?
Using CEC 402, you can preclude an expert's testimony with a preliminary fact hearing. See page 18 evidence wheels.
What are the Thomas Brandy 5 questions to ask an expert on direct?
Who are you and your background, What did you do, what are your opinions, what is the basis of your opinions, and what did the defendant do wrong or why did the defendant do nothing wrong? see page 36 in trial wheels.
Plaintiff's car explodes in a car crash accident. On direct Expert P testifies that wheels and tires were clearly defective from manufacturer. On cross, Expert P reveals that he will be paid 1 million dollars if plaintiff is successful. Is this relevant, and should it have been excluded on cross?
It is relevant and should not be excluded because it shows bias, see page 4 evidence wheels.
What does the holding from People v. Sanchez allow?
Experts can testify about the inadmissible hearsay that they relied on in Direct. See Page 15 evidence wheels.
Plaintiff's car explodes in car crash accident. Plaintiff's attorney attempts to bring expert P, an expert in motorcycle accidents. What objection could be raised?
CEC 801, improper qualifications, see page 4, evidence wheels.
Plaintiff's car explodes in a car crash accident. A bystander states that he saw the wheel come loose before the crash. Bystander is not available as a witness at trial and no deposition. Can Expert P rely on this witness's statement?
Yes, on direct they can rely inadmissible material but cannot read it into the record. See page 39 in Evidence wheels, #5.
Plaintiff's car explodes in a car crash accident. Expert P testifies in Depo that the rubber on the tires was solid and of high quality. At trial, expert P testifies that rubber was worn out and of the cheapest quality. What may a cross examining attorney do?
IMPEACH HIM! Use CEC 770, see page 32, trial wheels.
CEC 801, part 3, the opinion was based on unreliable matters. see page 4 evidence wheels.
Plaintiffs car explodes in a car crash accident. Evidence shows that there was an issue with the wheels and tires. Expert P testifies that manufacturer of the wheels and tires was negligent in their construction. Can you raise any objections?
Expert testimony is not allowed if it call for a legal conclusion i.e. invades the province of the court to instruct the jury concerning legal standards and/or usurps the triar of facts of law. see evidence wheels page 5.
Plaintiffs car explodes in a car crash accident. Expert P at the deposition testifies that there were issues with the wheels and tires at the moment of the accident. At trial, Expert P testifies that there were issues with the wheels and tires and engine. Could any objections be raised?
Object beyond the scope of the deposition. See page 35 of trial wheels.
What does the R in Real Friends Have Evidence at 352PM Frequently stand for?
RELEVANCE!
How do you impeach an expert with a deposition, give an example.
CEC 770 Impeaching with a deposition, see page 32, trial wheels
What are the 4 objections you can raise in a 402 fact hearing regarding experts?
Not having proper qualifications, not considering reliable matters, not complying with the Sargon factors, and violating CEC 352. See page 18 of evidence wheels.