#Warning label expert deposition code

Monroy explained that 'he successful cross-examiner will attack not only the opinions and conclusions of the expert but also the factual underpinnings and rationale used by the expert in forming them.' Id.

#Warning label expert deposition code

4th 248, 267 (2008), ' hile there can be no hard and fast rule regarding the limits of cross-examination, a trial court's rulings should not be so overly restrictive as to deprive trial counsel of the tools necessary to probe, test, and even discredit the adverse expert witness.' (Emphasis added).īut what are the 'tools necessary' to cross-examine an expert witness? In California, Evidence Code section 721 is the Leatherman of the cross-examiner's various tools. Arrowhead & Puritas Waters, Inc., 174 Cal. he exposes himself to the kind of inquiry which ordinarily would have no place in the cross-examination of a factual witness.' Hope v. When it comes to cross-examining expert witnesses, the permitted scope is much broader than percipient witnesses. Understanding Section 721 and its scope is imperative for proper expert witness discovery and trial examinations.īreadth of Cross-Examination of Expert Witnesses Its provisions leave enough wiggle room that unwary litigators can leave their expert vulnerable to cross-examination with untested hearsay. Instead of identifying problems of fact or logic, the person invents an imaginary consensus to suggest his or her opponent's position is nothing but a fringe outlier.Ĭertainly such a tactic has no place in the courtroom, right? After all, one of the main reasons to exclude hearsay is to preclude the admission of factual assertions without the safeguard of cross-examination.Įvidence Code section 721 provides the parameters of allowable cross-examination for expert witnesses. ' Is among the laziest rejoinders in an argument. The proverbial 'they' as in, 'You know what they say. 'I know lots of people who say you're wrong!'