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HomeEvidence CodeDiv. 6Ch. 3Art. 1§ 721 Expert Witness Cross-Examination Rules

§ 721 Expert Witness Cross-Examination Rules

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 721 Expert Witness Cross-Examination Rules

Key Takeaways

  • •Expert witnesses can be asked lots of questions about their skills, the topic they're talking about, and why they think what they think.
  • •You can't ask an expert about books or articles they didn't use or aren't proven to be trustworthy.
  • •If the expert used a book or article for their opinion, then you can ask about that specific book or article.

Example

A doctor is in court saying someone was hurt because of a car crash.

The lawyer can ask the doctor how they know this, what school they went to, and what facts they used. But the lawyer can't ask about a medical book the doctor never read or used.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 721 Expert Witness Cross-Examination Rules

(a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully cross-examined as to (1) his or her qualifications, (2) the subject to which his or her expert testimony relates, and (3) the matter upon which his or her opinion is based and the reasons for his or her opinion. (b) If a witness testifying as an expert testifies in the form of an opinion, he or she may not be cross-examined in regard to the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication unless any of the following occurs: (1) The witness referred to, considered, or relied upon such publication in arriving at or forming his or her opinion. (2) The publication has been admitted in evidence. (3) The publication has been established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, relevant portions of the publication may be read into evidence but may not be received as exhibits. (Amended by Stats. 1997, Ch. 892, Sec. 11. Effective January 1, 1998.)

Last verified: January 22, 2026

Key Terms

expert witnesscross-examinedscientific, technical, or professional textreliable authority

Related Statutes

  • § 720 Expert Witness Qualifications
  • § 722 Court Expert Witness Disclosure
  • § 600 Presumptions And Inferences
  • § 601 Presumption Types And Effects
  • § 602 Prima Facie Evidence Presumption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 721.
View Official Source