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Evidence Code 730

An Expert On Evidence Code 730

A 730 expert is an expert by the court to render a neutral opinion on a subject that is outside the expertise of the court.

California Probate Court Judges Appoint 730 Experts in Conservatorship and Trust Proceedings

A 730 expert is an expert appointed by the court under California Evidence Code 730 and that expert evidence is or may be required by the court or by any party to the action at any time before or during the trial of an action when it appears to the court, then the court  on its own motion or on motion of any party may appoint one or more experts to render a report as may be ordered by the court, to investigate, and to testify as an expert at the preliminary of the activity in respect to the reality or matter about which the master evidence is or might be required. If any, the court may fix the compensation for these services rendered by any person appointed under this section at the amount as seems reasonable to the court in addition to any service as a witness.

When the Testimony is Outside the Scope of Designation

The company couldn’t find a case addressing the admissibility of portions of a 730 expert’s report that exceeded the order of appointment but it is most closely related to an expert designation. The court may exclude any such testimony an expert exceeds her designation. Consider an order appointing a neuropsychologist to perform an evaluation of the proposed conservatee with regard to mental functions pursuant to CA Probate 810 et seq., if any for the protections of a conservatorship of the person and/or estate that include her susceptibility to undue influence and her need. If the expert answered these questions in her report and went on to opine that the proposed conservatee had the capacity to change her estate planning documents, then she exceeded the scope of the order.

The Material Relied Upon Is Speculated

An expert may not rely on mere speculation or conjecture although experts may rely upon hearsay and similarly inadmissible evidence. Another important consideration is whether a matter used by an expert consists largely of conjecture or speculation. The factors of reliability, necessity, and speculation or conjecture at least provide some guideposts for the judge in determining whether the proffered expert opinion satisfies the requirements of Evid. Code, 801. There will be no evidentiary value and may be excluded from evidence if an expert’s opinion based on assumptions of fact without evidentiary support, or on speculative or conjectural factors have no evidentiary value and may be excluded from evidence.