Legal Memorandum: Expert witnesses may testify to opinions based on special knowledge

Issue: Under Cal. Evid. Code 801, what limiting factors are placed on an expert’s opinion when testifying?

Area of Law: Uncategorized
Keywords: ; Expert Witness; Opinion; Evidence
Jurisdiction: California
Cited Cases: 126 Cal. App. 4th 271; 226 Cal. App. 4th 401
Cited Statutes: None
Date: 11/01/2015

Colorado Rules of Civil Procedure Rule 59 provides details for seeking motions for post-trial relief.  The Rule specifically states:

Post-Trial Motions. 

(a)                Within 14 days of entry of judgment as provided in C.R.C.P. 58 or such greater time as the court may allow, a party may move for post-trial relief including:

(1)        A new trial of all or part of the issues;


(2)        Judgment notwithstanding the verdict;

(3)        Amendment of findings; or


(4)        Amendment of judgment. Motions for post-trial relief may be combined or asserted in the alternative. The motion shall state the ground asserted and the relief sought.

(b)               No Post-Trial Motion Required. Filing of a motion for post-trial relief shall not be a condition precedent to appeal or cross-appeal, nor shall filing of such motion limit the issues that may be raised on appeal.

(c)                On Initiative of Court. Within the time allowed the parties and upon any ground available to a party, the court on its own initiative, may:

(1)        Order a new trial of all or part of the issues;

(2)        Order judgment notwithstanding the verdict;

(3)        Order an amendment of its findings; or