California, United States of America
The following excerpt is from San Diego Gas & Elec. Co. v. Schmidt, 175 Cal.Rptr.3d 858, 228 Cal.App.4th 1280 (Cal. App. 2014):
Except as provided by law, hearsay evidence is inadmissible. (Evid.Code, 1200, subds. (a), (b).) Nonetheless, hearsay evidence may be admissible under an exception enumerated in the evidence code, other statutes or decisional law. (People v. Otto (2001) 26 Cal.4th 200, 207, 109 Cal.Rptr.2d 327, 26 P.3d 1061.)
Here, well-established decisional law gives parties wide latitude when cross-examining an expert witness to test the credibility of the expert. (People v. Coleman,supra, 38 Cal.3d at p. 90, 211 Cal.Rptr. 102, 695 P.2d 189.) Additionally, expert witnesses may be questioned during cross-examination regarding the basis of their opinion. (Evid.Code, 721, subd. (a).) Thus, the trial court erred by sustaining defendants' hearsay objections. We conclude, however, that any error in excluding the evidence did not result in a miscarriage of justice.
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