California Evidence Code 801.1 – (a) In a general civil case, as defined in Rule 1.6 of the …
(a) In a general civil case, as defined in Rule 1.6 of the California Rules of Court, where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, the party not bearing the burden of proof may offer a contrary expert only if its expert is able to opine that the proffered alternative cause or causes each exists to a reasonable medical probability, except as provided in subdivision (b).
(b) Subdivision (a) does not preclude a witness testifying as an expert from testifying that a matter cannot meet a reasonable degree of probability in the applicable field, and providing the basis for that opinion.
Terms Used In California Evidence Code 801.1
- Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
- expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(Amended (as added by Stats. 2023, Ch. 75) by Stats. 2023, Ch. 190, Sec. 1. (SB 135) Effective September 13, 2023. Operative January 1 2024, pursuant to Sec. 13 of Ch. 190, Stats 2023.)