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About Alex Babitsky

Alex Babitsky, MBA as a Partner of SEAK, Inc., (The Expert Witness Training Company) I deal with expert witnesses and the attorneys, insurance companies and paralegals who retain them on a daily basis. I manage SEAK’s Directories, which include: SEAK Expert Witness Directory: www.SeakExperts.com SEAK Medical File Review Consultants Directory: www.FileReviewConsultants.com SEAK National Directory of Independent Medical Examiners: www.IMEDirectory.com I've authored numerous books including: ● The National Guide to Expert Witness Fees and Billing Procedures ● The A to Z Guide to Expert Witnessing ● What All Physicians Considering Starting an IME Practice Should Know ● How to Market Your Expert Witness Practice: Evidence Based Best Practices I have also been on the faculty for the National Expert Witness Conference. In addition, I manage our various websites, blogs and SEO.

Are Prior Expert Witness Reports Discoverable?

Are expert witnesses required to produce prior expert reports from unrelated cases during discovery? The US District Court in Colorado in CAROL VON SCHWAB,  v. AAA FIRE & CASUALTY INSURANCE COMPANY, Civil Action No. 1:14-cv-00183-CMA-NYW, April 21, 2015 held no. The court dealt with an insurance claim due to hail storm event. The court rejected [...]

By |2015-08-07T05:31:00-04:00May 24th, 2015|Blog|Comments Off on Are Prior Expert Witness Reports Discoverable?

Expert Witness Rules, Laws and Procedure in Washington

Washington Rules Regarding Expert Witness Depositions and Interrogatories  Washington Civil Rule 26(b)(5)(A)(ii) allows a party to depose all experts its opponent expects to call at trial. Washington Rules do not specifically limit the time allowed for the taking of a deposition, but Rule 30(b)(3) states that a court may increase of decrease the allowed time [...]

By |2015-08-07T05:31:07-04:00May 23rd, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Washington

Expert Witness Rules, Laws and Procedure in Indiana

Indiana Rules Regarding Expert Witness Depositions and Interrogatories  There is no general right to depose expert witnesses in Indiana, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Indiana Rules of Trial Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the [...]

By |2015-08-07T05:31:13-04:00May 22nd, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Indiana

Expert Witness Rules, Laws and Procedure in Virginia

Virginia Rules Regarding Expert Witness Depositions and Interrogatories  Rule 4:1(b)(4)(A)(ii) of the Rules of the Supreme Court of Virginia allows for the deposition of experts who are expected to testify at trial. Virginia Rules do not specify a time limit for the taking of depositions, but Rule 4:5(b)(3) provides that the court may increase or [...]

By |2015-08-07T05:31:21-04:00May 21st, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Virginia

Expert Witness Rules, Laws and Procedure in Massachusetts

Massachusetts Rules Regarding Expert Witness Depositions and Interrogatories  There is no general right to depose expert witnesses in Massachusetts, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Massachusetts Rules of Civil Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the [...]

By |2015-08-07T05:31:36-04:00May 19th, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Massachusetts

Expert Witness Bias: Relationship With Counsel

The Louisiana Court in the case of THE ESTATE OF LOUIS D. HAEUSER, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Civil Action No. 13-5631 United States District Court, E.D. Louisiana (March 10, 2015) dealt with a bad faith insurance claim as a result of Hurricane Isaac. The Court denied an attempt to halt discovery of a [...]

By |2015-05-18T05:59:33-04:00May 18th, 2015|Blog|Comments Off on Expert Witness Bias: Relationship With Counsel

Can Attorneys Force Expert Witnesses to Produce Their Tax Returns & 1099’s

Expert Witness: Tax Returns & 1099’s The court in SHARON R. OLSON v. STATE FARM FIRE COMPANY, Case No.C14-0786RSM United States District Court, W.D. Washington, Seattle (February 23, 2015) dealt with a motion to quash a broad subpoena for the tax records and 1099’s of a medical expert. The court denied the attempt to force [...]

By |2015-05-18T05:56:14-04:00May 18th, 2015|Blog|Comments Off on Can Attorneys Force Expert Witnesses to Produce Their Tax Returns & 1099’s

Jury Instruction on Expert Witnesses

All expert witnesses should be familiar with the standard jury instruction given by judges to jurors on expert witnesses. It reads as follows: JURY INSTRUCTION ON EXPERT WITNESSES The rules of evidence normally do not permit witnesses to testify as to opinions or conclusions. There is an exception to this rule for "expert witnesses." An [...]

By |2015-05-08T15:08:44-04:00May 8th, 2015|Blog|Comments Off on Jury Instruction on Expert Witnesses

Attorneys Demonstrate Bias Of Expert Witnesses

How far can opposing counsel go in trying to demonstrate bias of an expert witness? The rules may vary from state to state. In Jordan Grabel, M.D., and State Farm Mutual Automobile Insurance Company, v. Linda Sterrett and Michael Sterrett, No. 4D14-4780 District Court of Appeal of Florida, Fourth District, April 29, 2015 the court [...]

By |2015-08-07T05:31:45-04:00May 6th, 2015|Blog|Comments Off on Attorneys Demonstrate Bias Of Expert Witnesses

Lawyers, Expert Witnesses & Pretrial Technology

Expert Witnesses want to be aware of the latest technology employed by lawyers used to test arguments and evidence. The MIT Technology Review V. 118 No. 3 May/June 2015 ran a very interesting article entitles “path of persuasion.” Here is what trial lawyers are now doing to test out their cases and evidence: Pretrial Technology [...]

By |2015-08-07T05:31:53-04:00May 6th, 2015|Blog|Comments Off on Lawyers, Expert Witnesses & Pretrial Technology