Perspective
Aug. 4, 2016
Hearsay ruling will affect civil cases, too
A new ruling holds that experts can still rely on hearsay to form an opinion, but cannot relay as true case-specific facts asserted in hearsay statements. By Don Willenburg
Don Willenburg
Partner
Gordon & Rees LLP
appellate law, litigation, special master
1111 Broadway Ste 1700
Oakland , CA 94607
Phone: (510) 463-8600
Fax: (510) 984-1721
Email: dwillenburg@grsm.com
Stanford Univ Law School
Don is chair of the firm's Appellate Practice Group in Oakland, and an attorney member of the Information Technology Advisory Committee to the Judicial Council. The views expressed are his own.
A new California Supreme Court decision has "clarified" the rules for expert witness testimony in ways that may require changes in practice. People v. Sanchez, 2016 DJDAR 6570 (June 30, 2016), is a criminal case involving a gang expert, but the analysis will apply in civil cases as well.
Traditionally, experts can base their opinions on matters that may not be admissible in evidence, including hearsay. Courts have ...
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