CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Appointment & Compensation of Experts
.........Compensation
............Experts Retained by Party
 14 Cards On This Topic:
  • Responsibility for payment of experts hired by parties.
  • Compensation of additional experts in paternity matters.
  • Compensation of expert witness is a proper subject for cross-examination.
  • Super. court did not abuse its discretion in finding DA need not be disqualified for accepting assistance of forensic accountant employed and compensated by the City, the alleged V.
  • Where P makes two successive settlement offers prior to trial, and D fails to obtain judgment more favorable than either, allowing P to recover expert fees incurred from date of 1st offer is consistent with CCP 998 and promotes its statutory purpose.
  • Cost award of expert witness fees based on 2d pretrial 998 offer should not have been awarded where part of the fees were unknown and had to be reconsidered in light of newly amended CCP §998(c)(1).
  • Doctor D failed to carry his burden to demonstrate Ps' expert fees awarded were unnecessary or unreasonable, only making statements in his reply memorandum—this insufficient to meet his burden.
  • As D was prevailing party in wrongful death suit, where Ps failed to obtain an award more favorable than his CCP 998 offer, trial court properly awarded expert fees to D.
  • Expert witness fees under CCP 998(c) are not tied to whether the fees are incurred pre- or post-compromise offer.
  • Trial court had discretion to award expert witness fees for experts not ordered by court under FEHA and CCP §1033.5 (a)(8).
  • Because Ps' expert psychologist's work was compensable through workers' comp. system, he had no right to payment in Ps' 3d party civil suit.
  • Trial court erred in awarding D expert witness fees because his CCP 998 offer to compromise was conditioned on plaintiffs' joint acceptance of it.
  • Where judgment entered on breach of contract, and contract provides for prevailing party to recover expert witness fees, such fees may not be awarded as item of costs but must be pleaded and proven separately.
  • Ds' deposition notices, not accompanied by expert witness fees, were proper, because (former) Code of Civil Procedure §2034 (i) allows fees to be tendered either with depo notice or at commencement of depo.


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