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

MCLE Test and Answer Sheet
Test No. 135: Expert Declarations
(March 2005)


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. When does an expert witness designation require a declaration signed by the attorney or party (if the party has no attorney)?
 A. Always.
 B. When the expert is a retained expert witness.
 C. When the expert is not a certified expert.

2. If the brief narrative statement is not sufficiently detailed, the court can:
 A. Exclude the expert's testimony.
 B. Enter the designating party's default.
 C. Sanction the expert witness.

3. In Bonds v. Roy, the trial court:
 A. Sanctioned the designating party's attorney.
 B. Excluded the expert's testimony on the subject matter not disclosed in the designation.
 C. Ordered a mistrial.

4. A party will be deemed in compliance with Code of Civil Procedure Section 2034 if the party submits an expert witness declaration, notwithstanding its contents.
 True.
 False.

5. Expert witnesses must be fully prepared with their opinions when they are designated.
 True.
 False.

6. A party cannot withdraw its expert after the expert has been designated.
 True.
 False.

7. The work product protection with regard to an expert witness is absolutely waived once the expert has been designated.
 True.
 False.

8. A party can reestablish work product protection regarding its expert after the expert has been deposed.
 True.
 False.

9. After the initial exchange of expert witness information, the parties may not designate additional expert witnesses.
 True.
 False.

10. A party must always submit an expert witness declaration with an expert witness designation.
 True
 False.

11. Section 2034 limits each party, in the absence of a court order, to designating five expert witnesses.
 True.
 False.

12. Section 2034 provides that an expert witness may not be excluded because of an inadequate designation unless it can be shown that the inadequacy prejudiced the other party.
 True.
 False.

13. The Bonds court held that prejudice must be shown to exclude an expert based on an inadequate designation.
 True.
 False.

14. Bonds specifically overruled Williams v. Volkswagenwerk Aktiengesellschaft.
 True.
 False.

15. An expert witness declaration must be signed by the expert witness.
 True.
 False.

16. The expert witness in Bonds was excluded because:
 A. The expert was not timely designated.
 B. The expert attempted to testify about a different subject area than the one disclosed in his designation and during his deposition.
 C. The expert was late to court.

17. In Williams, the court held that a party did not have to disclose specific facts and opinions in the exchange of expert witness lists.
 True.
 False.

18. In Williams, the trial court permitted the expert testimony.
 True.
 False.

19. If a party believes that its expert will need to testify regarding matters not disclosed in the expert witness designation, the party may make a motion to augment its expert witness designation.
 True.
 False.

20. If an expert testifies at his or her deposition regarding a subject area outside the scope of the designation, the designating attorney may request the opposing attorney to stipulate that the designation is sufficient.
 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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