Can an expert be cross-examined more extensively than a lay witness?

California, United States of America


The following excerpt is from People v. Henriquez, 226 Cal.Rptr.3d 69, 4 Cal.5th 1, 406 P.3d 748 (Cal. 2017):

We review the trial court's ruling for abuse of discretion. ( People v. Doolin(2009) 45 Cal.4th 390, 437, 87 Cal.Rptr.3d 209, 198 P.3d 11.) Evidence Code section 721, subdivision (a), provides that "a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully cross-examined as to (1) his or her qualifications, (2) the subject to which his or her expert testimony relates, and (3) the matter upon which his or her opinion is based and the reasons for his or her opinion." " A party "may cross-examine an expert witness more extensively and searchingly than a lay witness, and the prosecution [is] entitled to attempt to discredit the expert's opinion. [Citation.] ..." [Citations.] ... " Once an expert offers his opinion, ... he exposes himself to the kind of inquiry which ordinarily would have no place in the cross-examination of a factual witness. The expert invites investigation into the extent of his knowledge, the reasons for his opinion including facts and other matters upon which it is based[citation], and

[226 Cal.Rptr.3d 93]

which he took into consideration; and he may be "subjected to the most rigid cross-examination" concerning his qualifications, and his opinion and its sources[citation]. (Italics added.)" ' " ( People v. Rodriguez(2014) 58 Cal.4th 587, 647, 168 Cal.Rptr.3d 380, 319 P.3d 151.)

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