What is the test for admissibility of expert testimony based upon the application of a new scientific technique?

California, United States of America


The following excerpt is from People v. Pizarro, 10 Cal.App.4th 57, 12 Cal.Rptr.2d 436 (Cal. App. 1992):

"... admissibility of expert testimony based upon the application of a new scientific technique traditionally involves a two-step process: (1) the reliability of the method must be established, usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. [Citation.]. Additionally, the proponent of the evidence must demonstrate that correct scientific procedures were used in the particular case." (People v. Kelly, supra, 17 Cal.3d at p. 30, 130 Cal.Rptr. 144, 549 P.2d 1240.)

Page 448

Other Questions


What is the test for determining the admissibility of testimony based on a newly developed scientific experiment or principle? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
What is the test for admissibility of expert testimony in a medical malpractice case? (California, United States of America)
What is the test for admissibility of expert testimony in a medical malpractice case? (California, United States of America)
Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness? (California, United States of America)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements? (California, United States of America)
What is the difference between testimony by an expert and opinion by a non-expert? (California, United States of America)
What is the test for a challenge to the admission of expert testimony for an abuse of discretion? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.