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Expert Witness: Weighing One Expert Against Another
*Add to CJ 2.83 when appropriate:
In resolving any conflict that may exist in the testimony of expert witnesses, you should weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and credibility of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it was based.
Points and Authorities
“It rest[s] with the jury to determine the credibility of the expert witnesses and resolve conflicts in their opinions. [Citations.]” (Monterey v. W.W. Leasing (80) 109 CA3d 636, 646 [167 CR 12].) Hence, when appropriate, CJ 2.80 should be supplemented as set forth above.
Improper or inadequate instruction upon witness credibility implicates the defendant’s state (Art. I § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII.]