Treatment of Witnesses and Opinion Testimony

Question 1

Witness competency

Answer 1

1. same as FREv
2. CA adds: witness must understand their legal duty to tell the truth
3. CA: disqualifies witnesses hypnotized before trial to help refresh recollection
   i. exception: witness hypnotized by police using procedures that protect against suggestion in a criminal case

Question 2

Is opinion testimony effected by Prop 8?

Answer 2

• note: not affected by Prop 8, this is a principal of relevancy

Question 3

Lay opinions

Answer 3

1. same as FREv

Question 4

Expert Testimony

Answer 4

1. same as FREv, except reliability assessed using the Frye instead of Daubert standard
2. in CA: expert opinion admissible if:
   i. helpful, qualified expert, reasonable degree of certainty, proper factual basis, and reliable (same as FREv)

ii. but in CA: reliability is assessed using the Frye standard: the opinion must be based on principles generally accepted in the field
a. Frye inapplicable to non-scientific opinions and medical opinions, reliability of which is based on facts and circumstances of the case