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HomeEvidence CodeDiv. 7Ch. 1Art. 1§ 801 Expert Witness Testimony Rules

§ 801 Expert Witness Testimony Rules

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

§ 801 Expert Witness Testimony Rules

Key Takeaways

  • •An expert witness can only give their opinion if the topic is something most people don't know about.
  • •The expert's opinion must be based on facts they know or were told about, not just guesses.
  • •The expert can use their special knowledge, like training or experience, to form their opinion.

Example

A doctor explaining in court how a car crash caused someone's injury.

The doctor is an expert because most people don't know how injuries work. They can give their opinion because they checked the person's injuries and used their medical training.

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

Official Source
View on CA.gov

§ 801 Expert Witness Testimony Rules

If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and (b) Based on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

expert witnesscommon experiencetrier of factspecial knowledgeskillexperiencetrainingeducation

Related Statutes

  • § 720 Expert Witness Qualifications
  • § 804 Expert Witness Opinion Basis
  • § 805 Expert Opinion On Ultimate Issue
  • § 722 Court Expert Witness Disclosure
  • § 1400 Writing Authentication Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 801.
View Official Source