Evidence Code § 801
E1028509
Evidence Code § 801 is a provision of the California Evidence Code that governs the admissibility of expert opinion testimony, specifying when and how experts may base and present their opinions in court.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Evidence Code § 801 canonical | 1 |
Statements (50)
| Predicate | Object |
|---|---|
| instanceOf |
rule of evidence
ⓘ
section of the California Evidence Code ⓘ |
| addresses |
foundation for expert testimony
ⓘ
reliability of materials underlying expert opinion ⓘ scope of expert opinion ⓘ |
| appliesIn | California state courts NERFINISHED ⓘ |
| appliesTo |
civil cases
ⓘ
criminal cases ⓘ expert witnesses ⓘ testimony at evidentiary hearings ⓘ testimony at trial ⓘ |
| bindingOn | California trial courts NERFINISHED ⓘ |
| category | expert evidence rule ⓘ |
| citationForm | Cal. Evid. Code § 801 ⓘ |
| codifiedIn | California Evidence Code NERFINISHED ⓘ |
| concerns | expert opinion on matters requiring special knowledge, skill, experience, training, or education ⓘ |
| enables | exclusion of expert testimony lacking proper foundation ⓘ |
| function |
to define when expert opinions are admissible
ⓘ
to restrict speculative or unfounded expert opinions ⓘ |
| governs | admissibility of expert opinion testimony ⓘ |
| influences |
admissibility rulings on other specialized knowledge
ⓘ
admissibility rulings on scientific evidence ⓘ admissibility rulings on technical evidence ⓘ |
| interpretedBy |
California Supreme Court
NERFINISHED
ⓘ
California appellate courts NERFINISHED ⓘ |
| jurisdiction | California NERFINISHED ⓘ |
| languageIncludes | requirement that matter relied on be of a type reasonably relied upon by experts in the particular field ⓘ |
| legalSystem | California law of evidence NERFINISHED ⓘ |
| limits | bases on which an expert may form an opinion ⓘ |
| objective |
to ensure expert testimony is grounded in accepted professional practice
ⓘ
to help factfinders understand complex or technical issues ⓘ |
| partOf |
Division 7 of the California Evidence Code
NERFINISHED
ⓘ
Title 8 of the California Evidence Code NERFINISHED ⓘ |
| purpose | to assist the trier of fact ⓘ |
| relatedTo |
Evidence Code § 720
NERFINISHED
ⓘ
Evidence Code § 802 ⓘ Evidence Code § 803 NERFINISHED ⓘ |
| requires |
expert opinion must be based on matter perceived by or personally known to the expert or made known to the expert
ⓘ
expert opinion must be related to a subject sufficiently beyond common experience ⓘ expert opinion to be based on matter that provides a reasonable basis for the opinion ⓘ matter relied on by expert must be of a type reasonably relied upon by experts in the field ⓘ |
| scope |
opinions based on facts in evidence
ⓘ
opinions based on hypothetical questions ⓘ opinions based on information made known to the expert before or at the hearing ⓘ |
| standard |
expert testimony must assist the trier of fact
ⓘ
subject of expert testimony must be sufficiently beyond common experience ⓘ |
| subjectMatter | opinion testimony and expert testimony ⓘ |
| usedBy |
attorneys challenging expert evidence
ⓘ
attorneys offering expert evidence ⓘ judges ruling on expert testimony ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.