opinions & experts

Question 1

cec 800 lay testimony

Answer 1

lay testimony

if not testifying as an expert, witness testimony in form of opinion is limited to such an opinion as permitted by law, including but not limited to one that is a) rationally based on perception of the witness; and b) helpful to a clear understanding of his testimony

Question 2

cec 720 expert qualification

Answer 2

expert qualification:

special knowledge, skill, experience, training or education sufficient to qualify him as expert on the subject.

opposing party can object that they show qualification before they testify

Question 3

cec 721 cross-x of expert

Answer 3

cross-ex of expert

can also be cross’d about qualifications, subject matter of testimony, basis of opinion

if they testify in form of opinion, may not be cross’d about content or tenor a publication unless they relied on it OR it was admitted to evidence OR it is established as a reliable authority during the hearing

Question 4

cec 801 limits of expert testimony

Answer 4

limits of expert opinion testimony

expert testimony in form of opinion limited to

must be related to subject sufficiently beyond common experience that it would assist trier of fact AND be based on matter perceived by or personally known to witness or made known at or before hearing, whether or not admissible, so long as it would reasonably be relied on by an expert in forming an opinion on that subject unless precluded by law

Question 5

cec 802 basis of opinion

Answer 5

a witness testifying in form of opinion on direct-ex can state reasons for opinion and matter upon which its based

803: if improper basis, can exclude it

Question 6

cec 804 opinion based on statement of another

Answer 6

opinion based on opinion or statement of another

if expert relies on opinion or statement of aother person, that person may be cross-exd about the statement or opinion if available. doesnt apply to other witnesses who has testified to the subject already or parties to the action