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Expert Witness Declaration Sample Form California

State:
California
Control #:
CA-5096-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is an Expert Witness Declaration of Attorney re Expert Cross-Complaint for Damages. The trial attorney has submitted a list of expert witnesses to the court who will testify at trial. This list is submitted pursuant to section 2034(f) of the Code of Civil Procedure.


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FAQ

SECTION 720-723 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.

Rule 702 ? Testimony By Expert Witnesses It states that an expert's opinion is admissible if: the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. the testimony is based on sufficient facts or data.

For instance, many include statements of: Qualifications. The assignment given to the expert (i.e. evaluating medical records / recreating accident conditions) Documents reviewed and research undertaken. The expert's opinions. Any necessary disclaimers. Signature and date.

This disclosure requires you to provide the name and address of any experts you intend to call at trial, and you must provide a declaration identifying the ?general substance? of the expert's testimony for particular types of experts. (Code Civ. Proc. § 2034(f)(2)(B).)

Declarations are not required for certain types of experts, such as treating physicians. Even if a declaration is not required, however, the witness should still be designated by name and address. If the party or their attorney does not intend to use any expert witnesses, they should state so in writing.

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Expert Witness Declaration Sample Form California