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Although the Daubert standard is now the law in federal court and over half of the states, the Frye standard remains the law in some jurisdictions including California, Illinois, Pennsylvania, and Washington. [7] Florida passed a bill to adopt the Daubert standard as the law governing expert witness testimony, which took effect on July 1, 2013. [8]
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
United Kingdom: Expert witness is qualified to give evidence, where the court itself cannot form an opinion and special study, skill or experience is required for the purpose; United States: An expert witness is qualified by knowledge, skill, experience or education
Leading questions may also be permitted on direct examination when a witness requires special handling, for example a child. However, the court must take care to be sure that the examining attorney is not coaching the witness through leading questions. Courts may also cite the various editions of McCormick's and Wigmore's treatises on evidence ...
The expert witness cannot make a statement addressing the issue of whether the legal test for insanity has been met. That is left to the judge and jury. The restriction of expert opinion on ultimate issues includes any testimony on the criminal elements , including testimony that would bear on the mental state of the defendant relevant to ...
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