Most, if not all, complex litigation involves expert testimony. In California state courts, all the usual adages apply: spend as much time as necessary to vet and hire the most qualified expert witness, diligently pursue a manageable budget with your expert, respect the expert’s time, and protect the record as much as possible. See generally, “Get the Most Out Of Your Expert,” The Recorder (April 27, 2011). In addition to these important adages, California’s rules governing expert witness disclosure and discovery create difficult timelines and choices. California law with respect to expert communications and documents is complicated and unsettled. Mistakes in the use of experts can result in significant costs, and possibly even lead to defeat. There are, however, a number of strategies that can help counsel effectively navigate these rocky waters.

Start with Consultants

Most cases require expert evaluation even before filing. However, you may not wish to disclose what the initial expert concludes. If you designate an expert for testimony at trial, that expert’s work will generally be discoverable. To avoid disclosure, you should consider first employing a consultant whom you do not intend to designate as an expert for trial. You may then need to make sure you have another expert lined up should the case proceed to trial.

Organize evidence early

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]