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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 123: Undesignated Hitters
(February 2004)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. In federal courts, employees who have not been designated as experts can provide expert opinion testimony at trial based on their perceptions.
 True.
False.

2. In federal courts, employees designated as expert witnesses and whose duties as employees of a party regularly involve giving expert testimony do not need to prepare and produce signed reports regarding the basis and reasons for their opinions.
 True.
False.

3. In federal courts, treating physicians are considered percipient witnesses and do not need to submit to the extensive reporting requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure.
 True.
False.

4. In federal courts, initial expert discovery must be completed 60 days before trial.
 True.
False.

5. In federal courts, rebuttal expert disclosures are due as directed by the court or, alternatively, 30 days after initial expert disclosure is completed.
 True.
False.

6. In federal courts, a treating physician designated as an expert does not need to submit to a deposition.
 True.
False.

7. A federal court may preclude a party's employee from offering expert testimony at trial if the party fails to properly designate the employee as an expert.
 True.
False.

8. In federal courts, lay witnesses may render lay opinion testimony if it is based on personal knowledge and helpful to the trier of fact.
 True.
False.

9. Relying on Rule 701 of the Federal Rules of Evidence, some courts have allowed nondesignated employees to provide highly technical opinion testimony at trial.
 True.
False.

10. Rule 701 of the Federal Rules of Evidence was amended in 2000 to specifically limit lay opinion testimony to what is "not based on scientific, technical, or other specialized knowledge within the scope of Rule 702."
 True.
False.

11. In federal courts, failure to abide by expert disclosure requirements may require exclusion of testimony in pretrial proceedings.
 True.
False.

12. In California state courts, only experts specially retained to offer opinion testimony at trial need to be designated.
 True.
False.

13. In California state courts, if an employee is designated as an expert, an expert declaration is required.
 True.
False.

14. California state courts have discretion to grant leave to file belated expert disclosures.
 True.
False.

15. In California state courts, a nondesignated expert may provide testimony to impeach foundational facts underlying the opposing party's expert opinions.
 True.
False.

16. In California state courts, formal education, certification, or work in a particular field are not absolute prerequisites to qualification as an expert in that field.
 True.
False.

17. In California state courts, if an employee's testimony consists of information beyond common experience and would assist the trier of fact, the employee should be designated as an expert witness.
 True.
False.

18. In California state courts, the identity of an employee providing strictly factual testimony does not need to be disclosed in the course of expert discovery.
 True.
False.

19. In California state courts, the treating physician may provide trial testimony concerning matters outside the scope of the work he or she performed in treating the patient without being designated as an expert.
 True.
False.

20. In California state courts, expert witness disclosure requirements apply to expert testimony in pretrial proceedings.
 True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

   
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