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CALIFORNIA CIVIL LITIGATION EXPERT WITNESS DISCOVERY

CALIFORNIA CIVIL LITIGATION EXPERT WITNESS DISCOVERY. CONSULTANTS. Hired to educate counsel Evaluate case Analyze evidence Protected by attorney workproduct privilege. EXPERTS. Give opinions at trial, educate fact-finder Disclosed to opposition Deposed by opposition . CONSULTANTS—.

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CALIFORNIA CIVIL LITIGATION EXPERT WITNESS DISCOVERY

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  1. CALIFORNIACIVILLITIGATIONEXPERT WITNESS DISCOVERY © 2005 by Thomson Delmar Learning. All Rights Reserved.

  2. CONSULTANTS • Hired to educate counsel • Evaluate case • Analyze evidence • Protected by attorney workproduct privilege

  3. EXPERTS • Give opinions at trial, educate fact-finder • Disclosed to opposition • Deposed by opposition

  4. CONSULTANTS— usually become EXPERTS.

  5. EXPERTS AT TRIAL • Advise on presentation • Opine on technical issues • Present demonstrative evidence • Analyze opposing expert testimony

  6. EXPERT DISCOVERY State Court • If IME and reports requested and expert prepares report or • Expert discovery process

  7. STATE COURT EXPERT DISCOVERY PROCESS • Demand • Response • Deposition

  8. EXPERT DEMAND • By a party to any party • All parties must respond • Demand for reports optional • Right to depose

  9. EXPERT DEMAND TIMING • After set for trial, and • No more than 70 days before trial

  10. EXPERT DEMAND RESPONSE • List of expert names and addresses • Attorney declaration • Served no less than 50 days before trial • No extra 5 days for mailing!

  11. EXPERT DECLARATION • By attorney • Expert qualifications • Substance of testimony • Fees for deposition • Expert has agreed to testify and is ready to be deposed

  12. LATE-DISCLOSED EXPERTS • Served within 20 days of disclosure • Supplemental list • Supplemental declaration • All relevant expert reports/writings (or by motion)

  13. NON-DISCLOSED EXPERTS Trial Objections • Failure to disclose • Defective disclosure • Failure to give reports • Failure to permit deposition

  14. EXPERT DEPOSITIONS— for experts disclosed in expert discovery: • Must be commenced by the 15th day before trial; • No subpoena is necessary; and • Fees must be paid by deposing party.

  15. EXPERT DISCOVERY MOTIONS— must be made by 10th day before trial.

  16. EXPERT DISCOVERY Federal Court • Must be disclosed in interrogatories • Interrogatories must be updated

  17. SUMMARYConsultants, Experts PREVIEW Calendaring Discovery

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