CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Expert Witnesses
.........Publications, Treatises, Tests
9 Cards On This Topic:

Cross-exam of expert witnesses using publications.

Adverse party may inspect writing used to refresh W's memory , cross-examine the witness concerning it, and introduce in evidence such portion of it as may be pertinent to the testimony.

Because defense Es relied on DSM-IV, DA could cross-examine on it; defense had same info and used it on redirect; as DSM-IV criteria for PTSD and other disorders already before jury, no error in admitting demonstrative evidence re same.

No abuse of discretion in ruling DA should be given defense E's notes used to conclude D's statements involuntary — DA needed to examine tests on which E founded conclusion to cross-examine him effectively [EC 771].

Objection to E's being cross-examined re technical work he did not refer to, consider or rely on in forming opinion and which was not admitted in evidence, waived by not raising below.

Expert may not be cross-examined with treatise on which s/he did not rely; party may not, by its questions, in effect testify re treatise.

Articles published in general circulation magazines re dangers of rotary motors not type of professional technical literature on which expert may be cross-examined, especially since he did not rely on them.

Cross-exam of expert on crash test report he had not seen limited by Evid. Code §721 (b) to prevent inadmissible hearsay reaching trier of fact.

Cross-examination of expert properly limited to relevant portions of safety reports.