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HomeEvidence CodeDiv. 7Ch. 1Art. 1§ 804 Expert Witness Opinion Basis

§ 804 Expert Witness Opinion Basis

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

§ 804 Expert Witness Opinion Basis

Key Takeaways

  • •If an expert says their opinion is based on what someone else said, the other side can question that person too.
  • •This rule doesn’t apply if the person is part of the case, like a party or a witness who already talked.
  • •Even if the expert’s opinion is based on someone else’s words, it can still be used if the expert’s opinion is allowed.
  • •If the person the expert relied on isn’t available, the expert’s opinion can still be used.

Example

A doctor says in court that a patient is sick because another doctor told them so.

The other side can call the second doctor to ask them questions about what they said.

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

Official Source
View on CA.gov

§ 804 Expert Witness Opinion Basis

(a) If a witness testifying as an expert testifies that his opinion is based in whole or in part upon the opinion or statement of another person, such other person may be called and examined by any adverse party as if under cross-examination concerning the opinion or statement. (b) This section is not applicable if the person upon whose opinion or statement the expert witness has relied is (1) a party, (2) a person identified with a party within the meaning of subdivision (d) of Section 776, or (3) a witness who has testified in the action concerning the subject matter of the opinion or statement upon which the expert witness has relied. (c) Nothing in this section makes admissible an expert opinion that is inadmissible because it is based in whole or in part on the opinion or statement of another person. (d) An expert opinion otherwise admissible is not made inadmissible by this section because it is based on the opinion or statement of a person who is unavailable for examination pursuant to this section. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

expert witnessopinion or statementcross-examinationadmissibleunavailable for examination

Related Statutes

  • § 801 Expert Witness Testimony Rules
  • § 1203 Hearsay Declarant Cross-Examination
  • § 1400 Writing Authentication Rules
  • § 1401 Writing Authentication Requirement
  • § 1402 Altered Document Evidence Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 804.
View Official Source