LinkedIn-Published Article On New Standard for Expert Witness Use Of Hearsay

The ability for expert witnesses in trial to discuss hearsay (which is generally presumed to be inadmissible unless an exception applies) can make a huge difference in how a jury receives that testimony. While courts will usually instruct the jury not to consider hearsay relied upon and discussed by the expert for the “truth of the matter,” as the old adage goes, you can’t unring a bell and the ability for the jury to make such legal distinction is suspect at best. See my LinkedIn article titled “New California Standard for the Admissibility of Hearsay Within Expert Testimony” for a detailed discussion on the new standard, which I believe, will support better evidence at trials.