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California Courts of Appeal

May 5, 2011

Rules for Testifying Doctors Clarified

Treating physicians who testify as to causation in personal injury-type cases are subject to the written expert report requirements, a 9th U.S. Circuit Court of Appeals panel held Tuesday.


By Rebecca Beyer


Daily Journal Staff Writer


Attorneys in personal injury-type cases must comply with expert witness disclosure rules for treating physicians who are later called upon to testify as to the cause of an injury, a 9th U.S. Circuit Court of Appeals panel ruled Tuesday in what it called a case of first impression for the court. Treating physicians are not usually subject to the written report requirements of the rules of federal procedure. But...

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