![]() ![]() While general knowledge hearsay may include mathematics, physics, medical testing or other accepted mediums of knowledge within a given experts profession, case-specific fact hearsay relates to particular events or participants to which the expert has no actual personal knowledge. Since that time Courts have separated the type of hearsay to which an expert is testifying into two categories: (1) background information and general knowledge, and (2) case-specific facts. Evidence Code § 1200(a).) Dating back to common law and early case law, experts have been given significant latitude regarding what hearsay evidence they are allowed to testify about. Hearsay evidence is formally defined as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter asserted.” (Cal. While Sanchez addresses several issues, including the Sixth Amendment Confrontation Clause and what constitutes “testimonial hearsay,” this article will focus on the new dynamic created by Sanchez in relation to California Evidence Code sections 801 and 802 and the practical challenges which now face plaintiffs’ attorneys in collecting and presenting admissible evidence.Įxpert reliance on general knowledge hearsay vs. Sanchez, (2016) 63 Cal.4th 665, which completely changed an attorney’s ability to present hearsay evidence through expert testimony and which has created new and significant challenges to dealing with hearsay evidence. On June 30, 2016, the California Supreme Court published it’s ruling in the case of People v. When it comes to documentary evidence, the obstacles can be even higher to overcome given the rules of hearsay and the practicality of finding and deposing individuals who have stated opinions or facts contained within the documents.įor decades, plaintiff and defense attorneys alike, have been able to utilize expert testimony in order to present otherwise inadmissible hearsay evidence under the theory that the evidence was not in fact being presented to offer the truth of the matter contained within it, but was being offered only as the basis for the expert opinion. As plaintiffs’ attorneys, we have many obstacles to overcome in collecting and presenting admissible evidence to a jury whether the evidence be in the form of physical evidence, witness testimony, or documentary evidence.
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