What is the content of an expert's declaration in disclosure in a medical malpractice case?
California, United States of America
The following excerpt is from Ajaxo, Inc. v. E*Trade Fin. Corp., 261 Cal.Rptr.3d 583, 48 Cal.App.5th 129 (Cal. App. 2020):
Among the materials required in disclosure is the expert witness declaration providing "[a] brief narrative statement of the general substance of the testimony that the expert is expected to give." ( Code Civ. Proc., 2034.260, subd. (c)(2).) In Bonds v. Roy , the court considered whether an expert witness could be precluded from testifying at trial "on a subject whose general substance was not previously described in an expert witness declaration." ( Bonds v. Roy, supra , 20 Cal.4th at p. 142, 83 Cal.Rptr.2d 289, 973 P.2d 66.) The court interpreted the content requirement for the expert declaration as insurance that parties
[261 Cal.Rptr.3d 625]
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