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HomeEvidence CodeDiv. 7Ch. 1Art. 1§ 803 Expert Opinion Evidence Rules

§ 803 Expert Opinion Evidence Rules

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

§ 803 Expert Opinion Evidence Rules

Key Takeaways

  • •If someone's opinion in court is based on wrong or irrelevant info, the judge can stop them from sharing it.
  • •If the person can still give their opinion without using the wrong info, they can share it.
  • •The judge must stop the opinion if someone objects and the info is really bad.

Example

A doctor says in court that a person was drunk because they smelled like beer, but the smell was actually from spilled beer on their shirt.

The judge can stop the doctor from saying the person was drunk based on the smell because it’s not fair. But if the doctor has other good reasons (like a blood test), they can still say the person was drunk.

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

Official Source
View on CA.gov

§ 803 Expert Opinion Evidence Rules

The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion. In such case, the witness may, if there remains a proper basis for his opinion, then state his opinion after excluding from consideration the matter determined to be improper. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

exclude testimonyproper basisopinion

Related Statutes

  • § 800 Witness Opinion Testimony Limits
  • § 802 Expert Witness Opinion Basis
  • § 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 803.
View Official Source