Cal. Evid. Code § 801.1

Current through the 2023 Legislative Session.
Section 801.1 - Contrary expert testimony
(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.

Ca. Evid. Code § 801.1

Amended by Stats 2023 ch 190 (SB 135),s 1, eff. 9/13/2023, op. 1/1/2024.
Added by Stats 2023 ch 75 (SB 652),s 1, eff. 1/1/2024.