Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. And like any legal doctrine, spotting the key issue is essential—even if it's not the most obvious. There's reference to an out-of-court statement? Many lawyers jump straight to a hearsay analysis. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. What about relevance? What about foundation?
...With it being almost three years since People v. Sanchez, 63 Cal. 4th 665 (2016), most lawyers are at least familiar with its holding. Indeed, prior articles on this blog have summarized the case and explained how to question expert witnesses post-Sanchez. But with familiarity, certain details can be overlooked. Take Michael Jordan. The most casual fan has an instant memory of his storybook career with the Bulls, the multiple championships, even his...
In People v. Sanchez, 63 Cal. 4th 665 (2016), the California Supreme Court decided that an expert witness cannot relay hearsay that communicates case-specific facts to the jury. This post examines how trial lawyers can and should examine expert witnesses in the post-Sanchez era.
As a starting point, practitioners should master familiarity with Evidence Code section 801. Section 801 sets forth the allowable limits on which expert witnesses may offer opinions as well as the...
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