Civil Litigation,
California Supreme Court,
California Courts of Appeal,
Appellate Practice
Oct. 4, 2017
Hearsay and expert witnesses: relying or relating?
Can an expert rely on hearsay case-specific facts for purposes of reaching an opinion as long as the expert does not relate those facts to the jury?
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
In People v. Sanchez, 63 Cal. 4th 665 (2016), the California Supreme Court held that if case-specific facts are hearsay, then absent a hearsay exception, expert witnesses cannot relate those facts to the jury. Sanchez ended the practice of allowing such hearsay and instructing the jury not to treat those facts as true when considering the expert’s opinion. To any non-lawyer, that would sound bizarre. Yet for deca...
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