Appointment Of Expert Witness By Court - Expert Witnesses - Evidence - CA

Section § 730

This section allows a court, before or during a trial, to appoint one or more experts if expert evidence is needed. The court can do this on its own or if any party involved in the trial requests it. These experts will investigate, provide a report, and testify about the specific matters that require expert insight. The court will decide how much to pay these experts, ensuring the amount is reasonable. The law also clarifies that anyone performing tasks that need a license must have the correct license to do so.

When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.

Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.

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Section § 731

This section explains who is responsible for paying experts in court cases. In criminal and juvenile cases, the county where the case is happening pays the expert fees. However, if the expert is needed specifically by the court, the court pays instead. For medical experts in civil cases, if appointed for the court's needs, the court pays the fees. If they're needed for other reasons, the county pays. In other civil cases, the cost is divided among the parties involved, as decided by the court, and can be included in other court costs.

(a)

(1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which the action or proceeding is pending and shall be paid out of the treasury of that county on order of the court.

(2) Notwithstanding paragraph (1), if the expert is appointed for the court’s needs, the compensation shall be a charge against the court.

(b) In any county in which the superior court so provides, the compensation fixed under Section 730 for medical experts appointed for the court’s needs in civil actions shall be a charge against the court. In any county in which the board of supervisors so provides, the compensation fixed under Section 730 for medical experts appointed in civil actions, for purposes other than the court’s needs, shall be a charge against and paid out of the treasury of that county on order of the court.

(c) Except as otherwise provided in this section, in all civil actions, the compensation fixed under Section 730 shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs.

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Section § 732

This law states that if the court appoints an expert to provide their opinion on a case, any party involved in the case has the right to call and question this expert. Additionally, if the court itself questions the expert, all parties have the right to cross-examine the expert, meaning they can ask further questions or challenge the expert's testimony. They also have the right to object to the questions the court asks or the evidence provided by the expert, just like they would in other parts of the trial process.

Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. When such witness is called and examined by the court, the parties have the same right as is expressed in Section 775 to cross-examine the witness and to object to the questions asked and the evidence adduced.

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Section § 733

This section says that if you're involved in a legal case, you can bring in your own expert witnesses to provide evidence on the same topics as a court-appointed expert. However, you'll have to pay for these experts yourself. The court will only cover regular witness fees, not the extra costs of hiring experts.

Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fact or matter mentioned in Section 730; but, where other expert witnesses are called by a party to the action, their fees shall be paid by the party calling them and only ordinary witness fees shall be taxed as costs in the action.

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