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HomeEvidence CodeDiv. 7Ch. 1Art. 1§ 802 Expert Witness Opinion Basis

§ 802 Expert Witness Opinion Basis

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

§ 802 Expert Witness Opinion Basis

Key Takeaways

  • •If someone is giving their opinion in court, they can explain why they think that way.
  • •Experts can talk about their special knowledge or training when explaining their opinion.
  • •The judge can ask the witness to explain the facts behind their opinion before they share it.

Example

A doctor is in court explaining why they think someone was hurt in a car crash.

The doctor can say, 'I think this because I’m a doctor, I saw the x-rays, and I’ve treated many crash injuries before.' The judge might ask the doctor to first explain what they saw in the x-rays before giving their opinion.

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

Official Source
View on CA.gov

§ 802 Expert Witness Opinion Basis

A witness testifying in the form of an opinion may state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion. The court in its discretion may require that a witness before testifying in the form of an opinion be first examined concerning the matter upon which his opinion is based. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

opinionspecial knowledge, skill, experience, training, and educationprecluded by lawdirect examinationcourt in its discretion

Related Statutes

  • § 800 Witness Opinion Testimony Limits
  • § 803 Expert Opinion Evidence Rules
  • § 805 Expert Opinion On Ultimate Issue
  • § 1400 Writing Authentication Rules
  • § 1401 Writing Authentication Requirement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 802.
View Official Source