California Civil Jury Instructions (CACI) (2017)

4010. Limiting Instruction - Expert Testimony

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4010.Limiting Instruction—Expert Testimony
You have heard testimony by an expert witness regarding reports and
statements from hospital staff and other persons who have come into
contact with [name of respondent]. This testimony was admitted for the
limited purpose of establishing the basis for the opinion expressed by
the testifying expert. You may consider those reports and statements to
help you examine the basis of the expert’s opinion. You may not use the
reports and statements as independent proof of respondent’s mental
condition or [his/her] ability to provide for food, clothing, or shelter.
New June 2005
Sources and Authority
• Limited Admissibility of Evidence. Evidence Code section 355.
• “A psychiatrist is permitted to testify on a person’s mental capacities and can
rely on hearsay including statements made by the patient or by third persons.”
(Conservatorship of Torres (1986) 180 Cal.App.3d 1159, 1163 [226 Cal.Rptr.
142].)
• “When records are admitted . . . a limiting instruction need not be given, sua
sponte, but must be given upon request of counsel.” (Conservatorship of
Buchanan (1978) 78 Cal.App.3d 281, 288 [144 Cal.Rptr. 241], internal citation
omitted, disapproved on other grounds in Conservatorship of Early (1983) 35
Cal.3d 244, 255 [197 Cal.Rptr. 539, 673 P.2d 209].)
Secondary Sources
3 Witkin, California Procedure (5th ed. 2008) Actions, § 102
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and
Mental Disabilities: Judicial Commitment, Health Services, and Civil Rights,
§ 361A.43 (Matthew Bender)
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