1 California Evidence (4th), Opinion Evidence

I. OPINION OF LAY WITNESS

A. Traditional Rule of Exclusion.

1. [§1] Nature of Rule.

2. [§2] Criticism and Reforms.

B. Modern Rule of Admissibility.

1. [§3] Where Opinions Are Necessary.

2. [§4] Where Opinions Are Helpful.

C. Proper Subjects of Nonexpert Opinion.

1. Identity of Person.

(a) [§5] In General.

(b) [§6] Photographs Taken at Crime Scene.

2. [§7] Sanity.

3. Party's Own Intent, Motive, or Knowledge.

(a) [§8] Civil Cases.

(b) [§9] Criminal Cases.

4. [§10] Measure of Speed, Distance, Size, etc.

5. [§11] Appearance or Demeanor.

6. [§12] Intoxication.

7. [§13] Health, Illness, or Injury.

8. [§14] Age and Parentage.

9. [§15] Ownership and Possession.

10. [§16] Value of Services.

11. [§17] Negligence.

12. [§18] Value of Property Owned.

13. [§19] Other Subjects.

D. Improper Subjects of Nonexpert Opinion.

1. [§20] Employment, Agency, Authority, or Control.

2. [§21] Contract or Understanding.

3. [§22] Standard of Care.

4. [§23] Veracity of Statements by Another.

5. [§24] Mental Retardation.

6. [§25] Intoxication Test.

II. EXPERT EVIDENCE

A. In General.

1. [§26] Modern Law.

2. [§27] Expert Testimony as to Facts.

3. Opinion of Expert.

(a) [§28] Subject of Opinion.

(b) [§29] Test: Assist Trier of Fact.

(c) [§30] Bases of Opinions: In General.

(d) Reliable Information.

(1) Statutory Rule and Qualification.

(aa) [§31] Type Reasonably Relied Upon.

(bb) [§32] Unless Precluded by Law.

(2) Opinions of Doctors and Mental Health Professionals.

(aa) [§33] In General.

(bb) [§34] Reliance on Medical Works.

(3) [§35] Opinions by Other Experts.

(e) [§36] Unreliable Hearsay.

4. [§37] Erroneous Exclusion of Expert Testimony.

B. Who Are Experts.

1. Expertness Relative.

(a) [§38] In General.

(b) [§39] Qualified Professional Expert.

(c) [§40] Attorney Expert on Legal Malpractice.

(d) [§41] Qualified Nonprofessional Experts.

(e) [§42] Person Testifying for First Time.

(f) [§43] Unqualified Persons.

2. [§44] Types of Expert Witnesses.

C. Subjects of Expert Testimony.

1. Medical Evidence.

(a) Civil Cases.

(1) [§45] Injury or Disability.

(2) [§46] Disease and Professional Negligence.

(b) [§47] Criminal Cases.

2. Syndrome Evidence.

(a) [§48] In General.

(b) [§49] Credibility Exception.

(c) Battered Child or Battered Woman.

(1) [§50] In General.

(2) [§51] As Defense in Criminal Case.

(d) [§52] Rape Trauma Syndrome.

(e) Child Sexual Abuse.

(1) [§53] Evidence Inadmissible.

(2) [§54] Evidence Admissible.

(3) [§55] Sua Sponte Instruction.

3. Mental Condition.

(a) [§56] Civil Cases.

(b) Criminal Cases.

(1) [§57] Subjects of Psychiatric Testimony.

(2) [§58] Opinion of Psychologist.

4. Automobile Accidents.

(a) [§59] In General.

(b) [§60] Reconstruction of Accident.

5. [§61] Mechanical Condition, Defect, or Similar Cause.

6. [§62] Operating Standards and Practices.

7. [§63] Practices of Criminals.

8. [§64] Value of Services.

9. [§65] Value of Property.

10. [§66] Handwriting and Typewriting.

11. [§67] Ballistics.

12. [§68] Fingerprints and Footprints.

13. [§69] Teeth Marks on Victim.

14. Eyewitness Identification.

(a) [§70] Substantial Corroboration Rule.

(b) [§71] Illustrations.

(c) [§72] Lineups.

15. [§73] Business Usage or Trade Practice.

16. [§74] Police Officer's Conduct.

17. [§75] Other Subjects.

18. Distinctions.

(a) [§76] Obscenity.

(b) [§77] Trailing by Trained Dogs.

(c) [§78] Mathematical Probability.

D. Appointment of Experts by Court.

1. [§79] In General.

2. California Statute.

(a) [§80] Any Case and Any Issue.

(b) [§81] Motion or Court's Own Motion.

(c) [§82] Examination and Cross-Examination.

(d) [§83] Compensation and Allowance as Costs.

(e) [§84] Additional Experts Called by Parties.

E. Effect of Expert Testimony.

1. [§85] In General.

2. [§86] Medical and Legal Malpractice.

3. [§87] Psychiatric Testimony.

III. OPINION ON ULTIMATE ISSUE

A. [§88] Former Rule of Exclusion.

B. Repudiation of Rule.

1. [§89] California Case Law.

2. [§90] Evidence Code and Federal Rules.

C. Illustrations: Negligence Cases.

1. [§91] Decisions Excluding Opinions.

2. [§92] Decisions Upholding Admissibility.

D. Illustrations: Criminal Cases.

1. [§93] Decisions Excluding Opinions.

2. [§94] Statutory Exclusion of Opinion on Capacity To Form Intent.

3. [§95] Decisions Upholding Admissibility.

E. [§96] Illustrations: Quasi-Criminal Cases.

F. [§97] Distinction: Opinion on Issue of Law.

IV. OPINION ON VALUE OF PROPERTY

A. In General.

1. [§98] Law Revision Commission Study.

2. [§99] Original Statute and Subsequent Legislation.

3. [§100] Statutory Scope.

B. Value Shown Only by Opinion.

1. [§101] General Rule.

2. [§102] Opinions of Expert or Owner.

3. [§103] Opinions of Knowledgeable Designees.

C. Bases of Opinion.

1. [§104] In General.

2. Sales.

(a) [§105] Other Sales of Property Being Condemned.

(b) [§106] Other Sales of Comparable Property.

(c) [§107] Contract To Sell.

(d) [§108] Subsequent Sales.

(e) [§109] Trend in Sales Prices or Values.

3. [§110] Leases.

4. [§111] Other Matters.

D. Improper Bases.

1. [§112] In General.

2. [§113] Forced Sale or Sale to Possible Condemnor.

3. [§114] Offer, Option, or Listing.

4. [§115] Assessed Valuation.

5. [§116] Opinion on Value of Other Property.

6. [§117] Other Improper Matters.