California Jury Instruction - 5.1 Expert Witnesses General Instruction

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

California Code, Evidence Code - EVID § 720 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.

California courts have stated that experts may be subject to disqualification if the moving party establishes the expert actually ?possesses confidential attorney-client information materially related to the proceedings before the court.? W. Dig.

Never put total faith and reliance in what you are told. MISTAKE #2 - Forgetting That You Are an Advocate Only for Your Own Opinions, and Your Methodology, but not for the Case Itself. Expert witnesses are much like fact witnesses in one respect: each one should tell the truth, simply, directly, and with sincerity.

Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.

Each party must disclose information about all experts whose testimony will be used at trial. Once a demand is made, all parties must simultaneously exchange the names and addresses of every person who will offer an expert opinion in the trial.

Evidence Code § 801(b) provides that an expert may provide an opinion ?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 ...

Types of Jury Instructions One is an ?official? plain-English set known as CACI (California Civil Jury Instructions). The other is BAJI (Book of Approved Jury Instructions). Either can be used. If there are no standard instructions that fit the case, ?special instructions? are drafted.

The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."

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California Jury Instruction - 5.1 Expert Witnesses General Instruction