EXPERT WITNESSES Flashcards
§ 720 - Qualification as an Expert
(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 of the testimony. Upon objection, the party must show that the witness is qualified to testify as an expert on the subject matter.
(b) A witness’ special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony.
§ 721 (a) - Cross-Examination of an Expert
Generally, a party may cross-examine an expert witness to the same extent as any other witness and may fully cross-examine the expert as to (1) his qualifications, (2) the subject to which his expert testimony relates, and (3) the matter upon which his opinion is based and the reasons for his opinion.
§ 721 (b) - Cross-Examination re Expert Publications
(b) If an expert testifies in the form of an opinion, a party may only cross-examine him regarding the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication if:
(1) The witness referred to, considered, or relied upon such publication in forming his opinion.
(2) The publication has been admitted in evidence.
(3) The publication has been established as a reliable authority by the testimony or admission of the witness, other expert testimony, or judicial notice.
If admitted, relevant portions of the publication may be read into evidence but may not be received as exhibits.
§ 722 - Credibility of Expert Witness
The compensation of an expert witness is relevant to the witnesses’ credibility and the weight of his testimony.
§ 723 - Limit on # of Expert Witnesses
The court may, at any time before or during trial, limit the number of expert witnesses a party may call.
§ 730 - Court’s Appointment of an Expert
Any time before or during trial, the court on its own motion or on a motion of the party may appoint one or more experts to investigate, render a report, and testify as to the necessary evidence.
The court may fix the compensation for the expert services rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.
Nothing in this section permits a person to perform any act requiring a license unless the person holds the appropriate license to lawfully perform that act.
§ 731 - Payment of Court Appointed Expert
(b) In any county in which the superior court so provides, the compensation fixed under Section 730 for medical experts appointed for the court’s needs in civil actions shall be a charge against the court. In any county in which the board of supervisors so provides, the compensation fixed under Section 730 for medical experts appointed in civil actions, for purposes other than the court’s needs, shall be a charge against and paid out of the treasury of that county on order of the court.
(c) Except as otherwise provided in this section, in all civil actions, the compensation fixed under Section 730 shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs.
§ 732 - Calling & Examining Court Appointed Expert
The court and the parties may call an expert witness appointed under section 730 to testify in the proceedings.
§ 733 - Right to Produce Other Expert Evidence
Nothing prevents a party from producing other expert evidence on the same fact or matter mentioned in Section 730. Where other expert witnesses are called by a party, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action.
