Evidence Code § 720 – Qualification of Expert Witnesses
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Evidence Code § 720 – Qualification of Expert Witnesses
California Law
Evidence Code – EVID
DIVISION 6. WITNESSES [700 – 795]
( Division 6 enacted by Stats. 1965, Ch. 299. )
CHAPTER 3. Expert Witnesses [720 – 733]
( Chapter 3 enacted by Stats. 1965, Ch. 299. )
ARTICLE 1. Expert Witnesses Generally [720 – 723]
( Article 1 enacted by Stats. 1965, Ch. 299. )
720.
(a) 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 to which his testimony relates. Against the objection of a party, such special knowledge, skill, experience, training, or education must be shown before the witness may testify as an expert.
(b) A witness’ special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony.
(Enacted by Stats. 1965, Ch. 299.)
California Law Summary
This statute governs the requirements for qualifying a witness as an expert in a legal proceeding. An individual may be recognized as an expert if they possess special knowledge, skill, experience, training, or education sufficient to form an opinion on a subject beyond common knowledge.
Procedure:
The court determines whether the proposed expert is qualified to offer opinions.
The basis of the expert’s qualifications may be established through testimony or affidavits.
Once accepted, the expert may give opinions based on facts made known to them, even if those facts are not admissible themselves (if reasonably relied upon by experts in the field).
Purpose
To allow the court and jury to receive opinions from individuals with professional or technical expertise in areas relevant to the issues at trial such as medical, engineering, or accident reconstruction fields.
Application
Expert testimony under § 720 is often essential in establishing causation, standard of care, extent of injuries, future medical needs, or economic damages. Properly qualifying the expert is a critical step in presenting a strong case.
