Does the litigation privilege exist to protect an expert witness from future litigation?

California, United States of America


The following excerpt is from Mattco Forge, Inc. v. Arthur Young & Co., 5 Cal.App.4th 392, 6 Cal.Rptr.2d 781 (Cal. App. 1992):

Carden recognizes the importance of the distinction. "[W]hen there is a good faith intention to bring a suit, even malicious publications 'are protected as part of the price paid for affording litigants the utmost freedom of access to the courts.' [Citations.] Otherwise, adverse witnesses would always be fearful of subsequent civil suits and would be extremely hesitant or unwilling to testify." (Carden v. Getzoff, supra, at p. 915, 235 Cal.Rptr. 698; emphasis added.) As this reasoning suggests, the litigation privilege does not exist to protect one's own expert witnesses, but to protect adverse witnesses from suit by opposing parties after the lawsuit ends.

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