If you have been into judiciary turmoil, you must have seen that the California court frequently probes into appointing “730 experts”. The spouses and parents can also relate to it as the appointment is quite often in family courts. However, there are many factual situations where the evidence code 730 is applicable.
What is the statement of Evidence code 730?
According to the law, evidence code states that a court can ask for expert evidence either for the court itself or for any other party who will present a detailed report after careful investigation of the case.
The court is liable for the compensation of the services. Hence, whenever a court probes evidence expert, the intention is to get an unbiased and objective evaluation of various facts into consideration that will assist the court to a judgment.
A family court can avail the services as the application of the code is not limited. In any complex issue or situation, the court may seek assistance. But sometimes, it may happen that the verdict or reports of the evidence code 730 are questionable.
Ways of questioning the evidence code 730
It is not an easy task to discard the expert’s report as they services are acquired by court independently. However, the reports can be questioned as the federal law allows the prosecutors to do. So there are three ways one can question the report presently which are enlisted below:
- Testimony is outside the scope of designation: The argument on a portion of a 730 expert can be done regarding the scope of the report. For example, if an expert is hired to report about the mental condition of a child and in the report, the expert adds on opinion, then prosecutors can argue that the report is beyond the scope of designation.
- Expert is not qualified to opine: The experts selected are on the basis of their expertise and any opinion which is not related to their field of practice can be argued with.
- Speculative material: If a portion of the report is established to be speculative, the whole report is deemed as unreliable.
The list is not exhaustive but every affidavit or report made by the experts under evidence code 730 know the exact requirement and thus follow a standardized format.