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California courts are currently divided on how to designate retained experts versus non-retained experts.A representation that the expert agrees to testify at trial. A statement that the expert is familiar with the case and will give a meaningful deposition about their testimony, opinions and basis for those opinions.
Expert witnesses play an essential role in most complex commercial litigation, providing critical testimony to link the testimony of lay fact witnesses with causation or liability. For that reason, expert witnesses are a critical part of your trial team necessary to make your case.
So who decides whether an individual is qualified to be an expert witness?The court will determine whether or not the prosecutor has laid a sufficient foundation for that witness to testify about matters within the purview of an expert witness, says Heiser. The judge has the ultimate say.
Ordinarily, a party may not discover facts or opinions held by a consulting expert, except for in exceptional circumstances. A consulting expert's communications become discoverable as provided in Rule 35(b) or if it is impracticable for the party to obtain facts or opinions on the same subject by any other means.
Expert witnesses are important to many cases. They help jurors understand complex and nuanced information, they provide a sense of objectivity and credibility, and they integrate with the legal team to enhance the strength of the entire case.