CD OF CIV PRO-EXPERT WITNESSES
Summary
Amends the Code of Civil Procedure. Changes the standards that the court shall apply to determine if a witness qualifies as an expert witness as follows: (i) whether the witness is board certified or board eligible in the same medical specialties as the defendant and is familiar with the same medical problems or the type of treatment administered in the case (instead of the same relationship of the medical specialties of the witness to the medical problem and the type of treatment in the case); (ii) whether the witness has devoted 75% (instead of a substantial portion) of his or her time to the practice of medicine, teaching, or university-based research in relation to the medical care and type of treatment at issue; and (iii) whether the witness is licensed by any state or the District of Columbia (instead of just licensed). Provides that an expert witness shall provide proof of active practice, teaching, or engagement in university-based research. Provides that, if retired, an expert must provide proof of attendance and completion of continuing education courses for the 3 years previous to giving testimony. Provides that an expert who has not actively practiced, taught, or been engaged in university-based research within the 10 years previous to giving testimony may not be qualified as an expert witness.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2004
Committee Review
Floor Vote
Governor
Introduced Feb 6, 2004
Last action Jan 11, 2005
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
23
Key actions
0
Committee
1
Feb 6, 2004
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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