What is the burden of proving a reasonable necessity to appoint an expert in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Myers, B249928 (Cal. App. 2014):
A defendant seeking appointment of an expert bears the burden of showing the expert's services are necessary to his defense. (People v. Gaglione (1994) 26 Cal.App.4th 1291, 1304.) A showing that the services of an expert "might turn up something favorable to the defense" is insufficient to demonstrate a reasonable necessity. (Puett v. Superior Court (1979) 96 Cal.App.3d 936, 942.)
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