“The opportunity to depose an expert during trial, particularly if the testimony relates to a central issue, often provides a wholly inadequate opportunity to understand the expert’s opinion and to prepare to meet it. This allows the parties to assess whether to take the expert’s deposition, to fully explore the relevant subject area at any such deposition, and to select an expert who can respond with a competing opinion on that subject area. “…the very purpose of the expert witness discovery statute is to give fair notice of what an expert will say at trial. In determining what information you need to provide, Bonds v. Professional society memberships, publications, and honors.It is important that you list the following areas or attach your expert’s resume to the declaration outlining your expert’s: In preparing the declaration you need to provide the following information for each expert you are disclosing so opposing counsel can determine the credibility of the expert, whether to depose the expert and whether to supplement their own expert disclosure: Estate of Kiser, supra.Ĭode of Civil Procedure §2034.210(b) requires that “ if any expert designated by a party under subdivision (a) is a party or an employee of a party or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include an expert witness declaration under Section 2034.260.” For example, if a company has a lab or product manager that performed tests for warranty purposes that is expected to offer opinions at trial, counsel should be sure to include a declaration that the expert witness is a party’s employee. §2034.260(c) declaration is required. See Schreiber v. However, if a party gives the treating physician additional information to review for the physician’s testimony that was outside of the physician/patient relationship, then the treating physician becomes a retained expert and a C.C.P. Nonetheless, if you do not specifically list the non-retained expert, the court may exclude the testimony. California Civil Discovery Practice (CEB 2020) §11.20 citing Schreiber v. 2034.210(b)simply because the physician will be called to provide expert testimony. A treating physician does not become a “retained” expert within the meaning of C.C.P. §2034.260(b)(1), but do not require declarations as they are not retained. Treating physicians must be listed pursuant to C.C.P. In other words, if you are relying on another party’s expert (i.e., a co-defendant) you must still furnish an expert witness declaration for that expert. (5) A statement of the expert’s hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney.Īn expert witness declaration is required for each expert “retained by a party,” not just the designated party. (4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial. (3) A representation that the expert has agreed to testify at the trial. (2) A brief narrative statement of the general substance of the testimony that the expert is expected to give. (1) A brief narrative statement of the qualifications of each expert. This declaration shall be under penalty of perjury and shall contain all of the following: (c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. (2) A statement that the party does not presently intend to offer the testimony of an expert witness. (1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial. (b) The exchange of expert witness information shall include either of the following: The information that is exchanged must be in compliance with C.C.P. Unless there is a court order specifying otherwise, that date for the simultaneous exchange is 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date. If a party has timely served a Demand for Simultaneous Exchange of Expert Trial Witness Information pursuant to Code of Civil Procedure section 2034.210, then “ all parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand.” C.C.P.
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