Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
September 28, 2015

Expert Witness Rules, Laws and Procedure in West Virginia

West Virginia Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 26(b)(4)(A)(ii) of the West Virginia Rules of Civil Procedure, experts whose opinions will be presented at trial may be deposed. The West Virginia Rules do not provide a time limit for depositions, instead allowing courts to limit the time allowed by order or local rule. However, West Virginia Rule

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September 27, 2015

Expert Witness Rules, Laws and Procedure in Oklahoma

Oklahoma Rules Regarding Expert Witness Depositions and Interrogatories  Under Section 3226(B)(4)(a)(2) of Title 12 of the Oklahoma Statutes, experts that a party expects to call a trial may be subject to deposition after they are identified in the interrogatories discussed in the following section. Section 3230(A)(3) limits depositions to one six-hour day unless the court orders or the parties mutually

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September 26, 2015

Expert Witness Rules, Laws and Procedure in Connecticut

Connecticut Rules Regarding Expert Witness Depositions and Interrogatories  Under Section 13-4(c)(1) of the Connecticut Practice Book, experts that a party expects to call a trial may be subject to deposition. The Connecticut rules do not impose a specific time limit on such depositions, but Section 13-27(e) provides that the court may increase or decrease the time allowed for deposition upon

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September 25, 2015

Ghostwriting Expert Witness Reports

More and more courts are finding that federal rule 26 requiring that the expert “prepare” his/her report means that the report needs to be written by the expert and not the retaining lawyer. Some courts have gone so far as to make highly critical comments about the expert whose report was ghostwritten by the lawyer and have even precluded the

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September 25, 2015

Expert Witness Rules, Laws and Procedure in Iowa

Iowa Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 1.508(1)(a) of the Iowa Rules of Civil Procedure, experts whose opinions will be presented at trial may be subject to deposition. The Iowa Rules do not impose any specific time limit on depositions, but Rule 1.701(3) provides that the court may increase or decrease the time allowed for a deposition

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September 24, 2015

Expert Witness Rules, Laws and Procedure in Mississippi

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

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September 23, 2015

Expert Witness Rules, Laws and Procedure in Utah

Utah Rules Regarding Expert Witness Depositions and Interrogatories  Rule 26(a)(4)(A) of the Utah Rules of Civil Procedure requires parties to disclose certain information regarding expert witnesses who may testify at trial, as discussed in the following section. After these initial disclosures, the parties can obtain further discovery regarding such experts either by deposition or by a written report. Under Rule

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September 17, 2015

Expert Witness Rules, Laws and Procedure in Colorado

Colorado Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 26(b)(4) of the Colorado Rules of Civil Procedure, experts that a party expects to call a trial may be subject to deposition. Rule 30(d)(2) limits depositions to one seven-hour day, although the court may either lengthen or shorten the time allowed if circumstances warrant. Experts generally may not be subject

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September 17, 2015

Expert Witness Rules, Laws and Procedure in South Carolina

South Carolina Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 26(b)(4)(A) of the South Carolina Rules of Civil Procedure, discovery relating to experts who are expected to testify at trial may be had by any discovery method, including interrogatory and deposition. Depositions in South Carolina are not subject to any express time limit, but under Rule 30(b)(3) the court

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September 17, 2015

Expert Witness Rules, Laws and Procedure in Louisiana

Louisiana Rules Regarding Expert Witness Depositions and Interrogatories  Under Article 1425(D)(1) of the Louisiana Code of Civil Procedure, a party may obtain discovery of experts whose opinion will be presented at trial by deposition, interrogatory, and a request for documents and tangible things. There is no specific time limit for depositions in Louisiana, but Article 1438 provides that the court

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