Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
September 4, 2017
Law and Rules Regarding Expert Witness Sequestration in Ohio
The sequestration of expert witnesses in Ohio falls under Ohio’s Rules of Evidence, Rule 615. OHIO REV. CODE ANN. § 6.615 (West 2017). This rule requires the court to exclude a witness when a party requests or the court itself orders. Id. The rule provides for four exceptions, and experts fall under the third exception. Id. The third exception is
Read moreSeptember 4, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Washington, D.C.?
Expert witness testimony is governed by Washington, D.C.’s Rules of Civil Procedure, Rule 26. D.C. CODE ANN. § 5-26 (West 2017). This rule requires disclosure of the compensation paid to the expert to testify as such. Id. Along with this requirement, parties can make discovery requests for any information that is relevant to the case or a party’s position in
Read moreSeptember 3, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Nebraska?
Expert witness discovery in Nebraska is governed by Nebraska’s Rules of Discovery, § 6-326. NEB. REV. STAT. ANN. § 6-326 (West 2017). This rule allows discovery into the fees and expenses paid to the expert if the party desiring said information makes a motion for the information to be discoverable. Id. The court is given the discretion to determine whether
Read moreSeptember 3, 2017
Law and Rules Regarding Expert Witness Sequestration in North Dakota
The sequestration of expert witnesses falls under North Dakota’s Rules of Evidence, Rule 615. N.D. CENT. CODE ANN. § 6-615 (West 2017). This rule requires the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or through an order of its own. Id. The rule has four exceptions
Read moreSeptember 3, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Vermont?
Expert witness discovery is governed by Vermont’s Rules of Civil Procedure, Rule 26. Vt. Stat. Ann. tit. 5, § 26 (West 2017). This rule allows discovery relating to the amount of compensation the expert is paid to testify in that capacity. Id. The rule also notes that essentially any matter is discoverable, even if it will not be admissible in
Read moreSeptember 1, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Montana?
Expert witness discovery is governed by Montana’s Rules of Civil Procedure, Rule 26. MONT. CODE ANN. § 20-5-26 (West 2017). This rule allows discovery into the amount of compensation that is paid to an expert witness when a party makes a motion and the court feels it is appropriate to allow discovery into said information. Id. Case law does not
Read moreSeptember 1, 2017
Law and Rules Regarding Expert Witness Sequestration in North Carolina
The sequestration of expert witnesses falls under North Carolina’s Rules of Evidence, Rule 615. N.C. GEN. STAT. ANN. § 8C-615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear another witness’s testimony when a party requests or the court orders on its own. Id. There are four exceptions of individuals that
Read moreSeptember 1, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in South Dakota?
Expert witness discovery is governed by South Dakota’s Rules of Civil Procedure, § 15-6-26(b). S.D. Codified Laws § 15-6-26(b) (2017). This rule allows discovery of the fees and expenses associated with an expert’s testimony upon motion by a party. Id. Case law does not specifically discuss other financial information regarding experts, but it does note that the trial court is
Read moreAugust 31, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Mississippi?
Expert witness discovery is governed by Mississippi’s Rules of Civil Procedure, Rule 26. MISS. CODE ANN. § 5-26 (West 2017). This rule does not specifically allow discovery of the fees and expenses associated with the expert witness providing testimony. Id. The rule does allow discovery of any information that is relevant and not privileged. Id. However, the discovery rules are
Read moreAugust 31, 2017
Law and Rules Regarding Expert Witness Sequestration in New York
The sequestration of expert witnesses in New York is not statutorily codified. Instead, case law is the source of guidance. Case law provides that the trial court is given the discretion to decide whether a witness should be excluded from the courtroom. Philpot v. Fifth Ave. Coach Co., 128 N.Y.S. 35 (N.Y. App. Div. 1911). Case law also notes that
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