California 2017-2018 Regular Session

California Senate Bill SB1276

Introduced
2/16/18  
Introduced
2/16/18  
Refer
3/1/18  
Refer
3/1/18  
Refer
4/30/18  

Caption

Civil proceedings: expert testimony.

Impact

The modification of evidence standards in civil proceedings could significantly alter how expert testimony is utilized in court. This bill intends to alleviate what the legislature perceives as unnecessary barriers to obtaining admissible evidence, potentially leading to expedited civil court processes. By allowing courts to consider the reliability of statements made out of court, it may encourage more flexible interpretations of expert testimony, which could evolve the scope of what is considered acceptable evidence.

Summary

SB1276, introduced by Senator Moorlach, aims to amend certain sections of the Evidence Code related to expert testimony in civil proceedings, particularly those under the Family Code. The bill explicitly seeks to override the California Supreme Court ruling in People v. Sanchez, which classified statements used by an expert witness as inadmissible hearsay unless they meet specific criteria. SB1276 proposes that expert witness opinions can be supported by statements that the court deems reliable, thereby expanding the admissibility of expert testimony in civil cases.

Sentiment

The general sentiment around SB1276 is mixed. Proponents argue that it simplifies evidentiary requirements and enhances the ability of courts to consider relevant expert opinions, which can aid in delivering justice more efficiently. Critics, however, may perceive the bill as undermining the integrity of judicial procedures by allowing potentially unreliable statements into court, leading to concerns about the quality of evidence and legal standards in civil cases.

Contention

Key points of contention regarding SB1276 include the balance between expediting judicial processes and maintaining rigorous evidentiary standards. Critics may express concern that expanding the admissibility of expert opinion could result in a dilution of expert testimony quality. Furthermore, issues may arise regarding what constitutes a 'reliable' statement, as well as the implications for appeals and legal challenges that could follow from more lenient evidentiary rules.

Companion Bills

No companion bills found.

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