Senate Bill No. 652 CHAPTER 75 An act to add Section 801.1 to the Evidence Code, relating to evidence. [ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 652, 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 additional 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.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.
Senate Bill No. 652 CHAPTER 75 An act to add Section 801.1 to the Evidence Code, relating to evidence. [ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 652, 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 additional 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Senate Bill No. 652 CHAPTER 75
Senate Bill No. 652
CHAPTER 75
An act to add Section 801.1 to the Evidence Code, relating to evidence.
[ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 652, 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 additional 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.
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 additional 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.
## 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.
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.