Can a judge be called to testify as an expert witness on behalf of the other party?

California, United States of America


The following excerpt is from People v. Fatone, 165 Cal.App.3d 1164, 211 Cal.Rptr. 288 (Cal. App. 1985):

There is, of course, an obvious danger undue weight might be accorded to the opinion of a judge. As one court held in the context of an insurance bad faith case where the trial judge was called to support the plaintiff's contention his defense was mishandled in a previous proceeding, "We think it prejudicial to one party for a judge to testify as an expert witness on behalf of the other party with respect to matters that took place before him .... [p] We conclude that the trial court erred in permitting the judge to testify as an opinion witness with respect to matters that had come before him in his judicial capacity." (Merritt v. Reserve Ins. Co. (1973) 34 Cal.App.3d 858, 882-883, 110 Cal.Rptr. 511.)

Other Questions


Is a judge obligated to call a witness whom he could be expected to call if that witness testimony would be favorable? (California, United States of America)
Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness? (California, United States of America)
Can a judge who is a defendant in a civil matter refuse to testify as a witness or witness? (California, United States of America)
Can a motion of any party appoint one or more experts to investigate, to render a report and testify as an expert at any time before or during the trial of an action? (California, United States of America)
What is the effect of testifying in a criminal case if the witness is afraid to testify or fears retaliation for testifying? (California, United States of America)
Is a question that asks a lay witness to testify to facts the witness has not personally perceived "calls for speculation"? (California, United States of America)
Can a party demand the exchange of expert witness information by all parties? (California, United States of America)
When a witness testifies as a percipient witness rather than an expert, can you disregard any opinion that you find unbelievable, unreasonable or unsupported? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.