Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
March 5, 2015

Expert Witness Rules, Laws and Procedure in Pennsylvania

Pennsylvania Rules Regarding Expert Witness Depositions and Interrogatories   Under Rule 4003.5(a)(2) of the Pennsylvania Rules of Civil Procedure, experts may only be subject to deposition “[u]pon cause shown.” Such a finding of cause appears to be exceedingly rare in Pennsylvania. For an example of a Pennsylvania case in which sufficient cause was shown to permit the deposition of an

Read more
March 4, 2015

Expert Witness Rules, Laws and Procedure in New York

New York Rules Regarding Expert Witness Depositions and Interrogatories  Under New York Civil Practice Law and Rules (“CPLR”) Section 3101(d)(1)(iii), depositions and interrogatories of experts (or any form of discovery other than that provided for in CPLR Section 3101(d)(1)(i), discussed below) are only available on a showing of special circumstances. A court will generally only find that special circumstances are

Read more
January 24, 2015

Groundless Daubert Motion Sanctions and Fees

Increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court.

Attorneys and the expert witnesses they have retained are facing an increasing number of Daubert challenges. While many of these challenges are legitimate, increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court. What can counsel do when faced

Read more
January 23, 2015

$1,500 Per Hour Expert Witness in Badass Case

The United States District Court, D. Nevada. In the case of SCOTT L. WALKER, JR., Plaintiff, v. SPIKE’S TACTICAL, LLC, et. al., Defendants. Case No. 2:13-cv-01923-RFB-PAL dealt with the issue of how much of a fee is reasonable for a neurologist expert witness. The case arose out of an injury during the use of a flair launcher manufactured by Defendant

Read more
January 22, 2015

Expert Witness Daubert Do-over: Zoloft

fter one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying this was a non-permitted “Daubert do-over.”

The United States District Court, E.D. Pennsylvania IN RE: ZOLOFT (SERTRALINE HYDROCHLORIDE) PRODUCTS LIABILITY LITIGATION. No. 12-MD-2342. January 7, 2015 is in the midst of highly contested multidistrict litigation action claiming taking Zoloft during pregnancy causes birth defects. After one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying

Read more
November 22, 2014

Attorney Lance Cooper v. General Motors to Speak at SEAK Expert Witness Conference

Attorney Cooper will review how, through a well-planned direct examination, the expert can reveal her personality, likeability, credibility and deal with potential problem areas and weaknesses.

Attorney Lance A. Cooper’s dogged investigation of the death of Brook Melton while driving a Chevy Cobalt has cost GM over $2 billion to date and has saved countless lives. Attorney Cooper will be a keynote speaker at the SEAK National Expert Witness Conference to be held on April 25-26, 2015 in Washington, DC. Attorney Cooper initially settled the lawsuit

Read more
November 14, 2014

Expert Witness Rules, Laws and Procedure in Arkansas

Arkansas Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A)(ii) of the Arkansas Rules of Civil Procedure, any expert expected to testify at trial may be subject to deposition. There is no presumptive time limit for depositions in Arkansas like there is under the Federal Rules and in many other states. Rule 30(d)(2) of the Arkansas Rules of Civil

Read more
November 13, 2014

Expert Witness Rules, Laws and Procedure in Arizona

Arizona Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Arizona Rules of Civil Procedure, a party can depose any expert who might testify at trial, and under Rule 30(d), depositions generally cannot exceed four hours. See also State ex rel. Willey v. Whitman, 370 P.2d 273, 277 (Ariz. 1962) (explaining that the deposition of an expert

Read more
November 12, 2014

Expert Witness Rules, Laws and Procedure in Alaska

Alaska Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4) of the Alaska Rules of Civil Procedure, experts whose opinions might be presented at trial may be deposed. Most such experts are required to submit reports under Rule 26(a)(2)(B), and a party may not depose such an expert until this report is provided. Experts who are not expected to

Read more
November 7, 2014

Expert Witness Rules, Laws and Procedure in Alabama

Alabama Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(5)(A) of the Alabama Rules of Civil Procedure, a party may generally only obtain discovery of the information and opinions of experts expected to be called at trial by interrogatories directed to the opposing party. Through these interrogatories, a party can require its opponent to identify the experts it expects

Read more