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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Exclude Expert Witness
This Motion to Exclude Expert Witness is brought by [name of movant], [party designation], who shows in support:
1.[Petitioner/Respondent] has identified [name of expert] as a testifying expert within [his/her] rule 194 disclosure responses as filed and supplemented on [dates of all relevant disclosure responses].
2.[Petitioner’s/Respondent’s] rule 194 disclosure responses (including relevant supplements) with respect to testifying expert [name of expert] state the following: [include relevant subject matter, mental impressions, and other information identified in all disclosure responses].
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Or |
2.[Petitioner’s/Respondent’s] rule 194 disclosure responses (including relevant supplements) with respect to testifying expert [name of expert] are attached to this motion as Exhibit [exhibit number/letter].
3.[Name of expert] submitted [an] expert report[s] as produced by [Petitioner/Respondent] in discovery as follows: [identify initial, supplemental, and rebuttal reports and include relevant expert summary judgment affidavits where applicable].
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And/Or |
4.The deposition of [name of expert] was taken, and [name of expert] offered additional opinions and impressions during [his/her] sworn testimony on [date of deposition].
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See section 8.71 of the practice notes for discussion of exclusion of expert witnesses. |
5.[Petitioner/Respondent] asserts that the various opinions of testifying expert [name of expert], as specified below, should be excluded for the reasons stated. Each “challenged opinion” of [name of expert] is stated below, followed by [Petitioner’s/Respondent’s] bases for challenging the opinion.
a.CHALLENGED OPINION: [Include the general nature of the opinion, the specific opinion of the expert being challenged, and the source where that opinion can be found, e.g., The fair market value of closely held business interest, ABC, or Parent A has engaged in parental alienation (See [date] deposition testimony at page [number])].
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Select (1)–(6) as applicable. |
(1)[Name of expert] is not qualified to give the opinion.
(2)[Name of expert]’s opinion is not reliable.
(3)[Name of expert]’s opinion is not relevant.
(4)The underlying facts supporting [name of expert]’s opinion do not provide a sufficient basis for the opinion.
(5)The probative value of [name of expert]’s opinion is outweighed by the danger of unfair prejudice or confusion.
(6)[Name of expert] can provide no legal basis to support the opinion.
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Repeat for all other challenged opinions. |
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Continue with the following. |
[Name of movant] prays that the Court grant this Motion to Exclude Expert Witness.
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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For certificate of service, see form 21-11. |