An expert witness is a witness permitted to testify during a trial because of their proficiency or special knowledge in a field relevant to the case. According to California Evidence Code §720, 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 of his testimony. Expert witnesses are used to simplify complex topics that are relevant to a case. In practice, categories of expert witnesses have included medical experts, forensic experts, financial experts, mental health experts, securities experts, and many more.
Expert witnesses must provide independent, impartial, and unbiased evidence to the court using their expertise. During a trial, experts may be called to testify whether the evidence supports testimony from other witnesses. Experts can also opine on the accuracy of certain statements made during the trial.
However, expert testimony can be excluded in certain situations. Expert testimony will be excluded when the subject of inquiry is one of such common knowledge that individuals of ordinary education could reach a conclusion as intelligently as the expert witness. Furthermore, the trial court may exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (2) based on reasons unsupported by the material on which the expert relies, or (3) speculative.
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References:
- Thus, expert testimony will be excluded when the subject of inquiry is one of such common knowledge that men of ordinary education could reach a conclusion as intelligently as the expert witness, as held in Burton v. Sanner (2012) 207 Cal.App.4th 12, 19.
- Evidence Code §801(b) and §802
- Evidence Code §801(a) holds that expert witness testimony must relate to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.
California Evidence Code §720





