Amended IN Assembly June 08, 2023 Amended IN Senate April 13, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 652Introduced by Senator UmbergFebruary 16, 2023 An act to amend Section 801 of add Section 801.1 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 652, as amended, Umberg. Evidence: expert testimony.Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, in a civil case, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise. The bill would also allow an expert to testify that a matter cannot reach a reasonable degree of probability in the field and to provide the basis for that opinion. requirements for expert opinions regarding medical causation. The bill would, in a case in which an expert testifying about medical causation for the party bearing the burden of proof is required to testify that causation exists to a reasonable probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.The bill would also make technical, nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 801.1 is added to the Evidence Code, to read:801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.SECTION 1.Section 801 of the Evidence Code is amended to read:801.(a)If a witness is testifying as an expert, their testimony in the form of an opinion is limited to such an opinion that is both of the following:(1)Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.(2)Based on matter (including their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which their testimony relates, unless an expert is precluded by law from using such matter as a basis for their opinion.(b)In addition to the requirements of subdivision (a), in a civil case the testimony of a witness testifying as an expert shall be based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.(c)Subdivision (b) 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.
Amended IN Assembly June 08, 2023 Amended IN Senate April 13, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 652Introduced by Senator UmbergFebruary 16, 2023 An act to amend Section 801 of add Section 801.1 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 652, as amended, Umberg. Evidence: expert testimony.Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, in a civil case, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise. The bill would also allow an expert to testify that a matter cannot reach a reasonable degree of probability in the field and to provide the basis for that opinion. requirements for expert opinions regarding medical causation. The bill would, in a case in which an expert testifying about medical causation for the party bearing the burden of proof is required to testify that causation exists to a reasonable probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.The bill would also make technical, nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly June 08, 2023 Amended IN Senate April 13, 2023 Amended IN Senate March 20, 2023
Amended IN Assembly June 08, 2023
Amended IN Senate April 13, 2023
Amended IN Senate March 20, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 652
Introduced by Senator UmbergFebruary 16, 2023
Introduced by Senator Umberg
February 16, 2023
An act to amend Section 801 of add Section 801.1 to the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 652, as amended, Umberg. Evidence: expert testimony.
Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, in a civil case, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise. The bill would also allow an expert to testify that a matter cannot reach a reasonable degree of probability in the field and to provide the basis for that opinion. requirements for expert opinions regarding medical causation. The bill would, in a case in which an expert testifying about medical causation for the party bearing the burden of proof is required to testify that causation exists to a reasonable probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.The bill would also make technical, nonsubstantive changes.
Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.
This bill would create an additional requirement that, in a civil case, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise. The bill would also allow an expert to testify that a matter cannot reach a reasonable degree of probability in the field and to provide the basis for that opinion. requirements for expert opinions regarding medical causation. The bill would, in a case in which an expert testifying about medical causation for the party bearing the burden of proof is required to testify that causation exists to a reasonable probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.
The bill would also make technical, nonsubstantive changes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 801.1 is added to the Evidence Code, to read:801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.SECTION 1.Section 801 of the Evidence Code is amended to read:801.(a)If a witness is testifying as an expert, their testimony in the form of an opinion is limited to such an opinion that is both of the following:(1)Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.(2)Based on matter (including their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which their testimony relates, unless an expert is precluded by law from using such matter as a basis for their opinion.(b)In addition to the requirements of subdivision (a), in a civil case the testimony of a witness testifying as an expert shall be based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.(c)Subdivision (b) 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 801.1 is added to the Evidence Code, to read:801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.
SECTION 1. Section 801.1 is added to the Evidence Code, to read:
### SECTION 1.
801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.
801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.
801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.
801.1. (a) Where the party bearing the burden of proof proffers expert testimony regarding medical causation and where that partys 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.
(a)If a witness is testifying as an expert, their testimony in the form of an opinion is limited to such an opinion that is both of the following:
(1)Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.
(2)Based on matter (including their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which their testimony relates, unless an expert is precluded by law from using such matter as a basis for their opinion.
(b)In addition to the requirements of subdivision (a), in a civil case the testimony of a witness testifying as an expert shall be based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
(c)Subdivision (b) 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.