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Legal Memorandum: Exclusion of an Expert Witness Testimony

Issue: May an expert witness testify on matters that were not disclosed during expert deposition in California trial courts?

Area of Law: Litigation & Procedure
Keywords: Expert witness; Expert deposition; Preclude
Jurisdiction: California
Cited Cases: 95 Cal. Rptr. 2d 216
Cited Statutes: None
Date: 09/01/2008

A trial court may preclude an expert witness from testifying to opinions not previously disclosed in response to questioning in an expert deposition.  Jones v. Moore, 95 Cal. Rptr. 2d 216, 220-21 (Ct. App. 2000). 

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