What is the test for having a witness to state their opinion that their opinion is flawed?
California, United States of America
The following excerpt is from Buchanan v. Nye, 128 Cal.App.2d 582, 275 P.2d 767 (Cal. App. 1954):
The general rule which permits a witness to state the reasons upon which his opinion is premised may not be used as a vehicle to bring before the jury incompetent evidence. 'To so open up the inquiry', said the court in People v. La Macchia, 41 Cal.2d 738, 739, 746, 264 P.2d 15, 21 (a civil case), 'would create a disastrous break in the dike which stands against a flood of interminable investigation.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a witness's opinion or opinion intertwined with the witness statements? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Can a witness give an opinion based on his perception of another person's state of mind? (California, United States of America)
Can an expert witness whose opinion is based on inadmissible material describe the material that forms the basis of the opinion? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
When a witness testifies as a percipient witness rather than an expert, can you disregard any opinion that you find unbelievable, unreasonable or unsupported? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
What is the current state of the law on credibility of witnesses in a witness trial? (California, United States of America)
Can a lay witness give opinion testimony on the identification of a witness? (California, United States of America)
