Insights
Insights & Litigation Resources
Practice notes for attorneys retaining expert witnesses on the West Coast — admissibility standards, disclosure procedure, cost, and the questions that decide whether an opinion survives a motion to exclude.
Practice notes for retaining counsel
Written for attorneys, not for search engines. Each piece addresses a question that comes up repeatedly in screening calls — admissibility, disclosure, cost, and the drafting decisions that determine whether an opinion survives a motion to exclude.
Sargon, Frye and Brown/O'Key: how three neighbouring states judge the same expert
California, Washington and Oregon apply three different admissibility tests to the same expert. What each one asks, and how it changes the report.
MICRA in 2026: what the AB 35 caps mean when you commission a medical expert
California's noneconomic damages tiers rise every January under AB 35. What the schedule means when deciding how much expert workup a case supports.
How to find an expert witness for a California, Washington or Oregon case
A practical sequence for finding and vetting an expert witness for a California, Washington or Oregon matter — and the mistakes that surface at deposition.
What an expert witness costs on the West Coast
How expert witness cost is actually structured — review, report, deposition and trial billed separately — and where the spend concentrates in a case.
Expert disclosure compared: California, Washington and Oregon
Three states, three disclosure mechanisms. How California's simultaneous exchange, Washington's case schedule, and Oregon's practice differ for experts.
What makes an expert report admissible
Exclusion motions rarely argue the expert is unqualified. They argue the reasoning does not survive the record. What a defensible report shows.
Consulting expert vs. testifying expert: when the distinction protects you
The two roles are used differently, and moving someone between them has consequences. How the distinction works in practice for West Coast matters.
Expert deposition fees: who pays, and what is reasonable
Who bears an expert's deposition fee, what the reasonable-fee question turns on, and how the three West Coast states address it differently.
When to bring an expert into the case
The cost of retaining an expert early is a review fee. The cost of retaining one late is a case built on an assumption the records never supported.
Why federal Daubert practice diverges from West Coast state courts
All three West Coast states sit in one federal circuit applying Daubert, and none of them applies it in state court. What that split does to a case.
Jurisdiction practice notes
The most detailed material on this site. Each page covers the governing admissibility standard, disclosure procedure, deposition practice, and the courts served.
CA · Sargon standard
Expert Witness Practice in California
Admissibility, expert disclosure, deposition practice, and the state and federal courts served.
WA · Frye standard
Expert Witness Practice in Washington
Admissibility, expert disclosure, deposition practice, and the state and federal courts served.
OR · Brown/O'Key standard
Expert Witness Practice in Oregon
Admissibility, expert disclosure, deposition practice, and the state and federal courts served.
Answers and process
Expert Witness FAQ
Cost and fee structures, deposition fee rules, admissibility across all four governing standards, timing, and remote testimony logistics.
How to Retain an Expert Witness
The engagement process end to end — screening, conflict check, fee schedule, record review, report, deposition, and trial.
Case studies
TRO Defense: Petition Dismissed After Independent Medical Review
How an independent medical review dismantled the factual premise of a temporary restraining order petition.
Personal Injury: Causation Reconstructed From the Medical Record
Separating pre-existing degenerative change from acute traumatic injury in a disputed liability claim.
Expertise by discipline
Publishing cadence. New practice notes are added regularly, covering admissibility developments, expert cost benchmarks, and the procedural questions that come up most often in West Coast litigation. Nothing published here is legal advice.
Complimentary consultation
Have a question these don't answer?
Preliminary screening is complimentary. Send the posture of your matter — jurisdiction, claims, and the schedule you are working under — and Dr. Alvaro Alban, MD, MBA will identify the expert discipline the issue points to, check availability and conflicts, and tell you candidly whether the materials look suitable for expert review before you retain anyone.
- Service area
- California, Washington, and Oregon — state and federal courts, in person and by remote deposition.
- Phone
- (862) 319-8643