Postmodern Justice

Reserved for future post. (d) [1:458] No expert liability to opposing party for perjured testimony/falsified evidence: CC § 47(b) fully protects adverse expert witnesses from civil liability for giving false testimony or predicating their testimony on knowingly false assumptions or facts. As against the opposing party , the witness’ testimony and evidence on which it is based are privileged “publications.” [ Carden v. Getzoff (1987) 190 CA3d 907, 235 CR 698 —no abuse of process cause of action against expert accountant hired by W to value H’s medical practice in dissolution action despite falsehoods in accountant’s report and knowingly false valuation testimony] Rationale: Otherwise, adverse witnesses, fearing subsequent civil suits, would be extremely hesitant or unwilling to testify. [ Carden v. Getzoff , supra, 190 CA3d at 915, 235 CR at 703 ]