Section 801 - Expert witness opinion testimony

1 Analyses of this statute by attorneys

  1. The California Supreme Court Brings the Admissibility of Expert Testimony One Step Closer to the Federal Daubert Standard

    Alston & Bird LLPJesus TorresNovember 27, 2012

    ”The California Supreme Court granted USC’s petition for review to decide whether the trial court erred in excluding Skorheim’s testimony.THE CALIFORNIA SUPREME COURT’S DECISIONThe California Supreme Court reiterated the trial court’s gatekeeping function under California Evidence Code section 801 and 802, stating “We construe this to mean that the matter relied upon must provide a reasonable basis for the particular opinion offered, and that an expert opinion based on speculation and conjecture is inadmissible.” Lockheed Litigation Cases (2004) 115 Cal.App.4th 558, 564.