What are the rules for experts in civil litigation?
When a party brings a civil lawsuit to court, it is often necessary for an expert to provide evidence and testimony to support their case. This is known as expert testimony. In California, the rules governing experts in civil litigation are outlined in the California Code of Civil Procedure. Generally speaking, an expert in civil litigation must satisfy two main criteria: they must be an expert in their field, and their testimony must be relevant to the case. To be considered an expert, a witness must have specialized knowledge or experience in the subject matter that is necessary to assist the jury or court in understanding the evidence in the case. This can include medical professionals, accident reconstructionists, DNA and fingerprint analysis experts, and other experts who possess specialized knowledge that a jury or court would not otherwise be able to consider when making their decision. The expert’s testimony must also be relevant to the case. In other words, it must be related to an issue that is in dispute and have sufficient legal significance to the case. Expert testimony must also be based upon reliable data and evidence that can be verified by other experts in the field. Lastly, experts in civil litigation must be free from bias and be open to cross-examination by the opposing party. They must also be able to explain their testimony in a way that is understandable to the jury or court and be able to respond to questions in an impartial manner. This ensures that the expert’s testimony is accurate and reliable and that the jury or court is able to make an informed decision in the case.
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