Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
August 27, 2017
Law and Rules Regarding Expert Witness Sequestration in California
The sequestration of expert witnesses falls under California’s Rules of Evidence, § 777. CAL. EVID. CODE § 777 (West 2017). This rule allows the court to exclude any witness from the courtroom so as to not hear another witness’s testimony unless an exception applies to a witness. Id. There is no exception that applies to experts such that an expert
Read moreAugust 27, 2017
Law and Rules Regarding Expert Witness Sequestration in Nebraska
The sequestration of expert witnesses falls under Nebraska’s Rules of Evidence, § 27-615. NEB. REV. STAT. ANN. § 27-615 (West 2017). This rule requires the judge 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 three exceptions and
Read moreAugust 26, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Kentucky?
Expert witness discovery is governed by Kentucky’s Rules of Civil Procedure, Rule 26.02. KY. REV. STAT. ANN. §26.02 (West 2017). This rule allows the court to order that the fees and expenses regarding the expert’s testimony be discoverable “as the court may deem appropriate.” Id. Case law notes that experts can be questioned as to the percentage of their income
Read moreAugust 26, 2017
Errata Sheet Rules for Depositions in Wyoming
Errata Sheets in Wyoming are governed statutorily by the Wyoming Rules of Civil Procedure, Rule 30(e). WYO. STAT. ANN. § 5-30 (West 2017). This rule requires that if either the deponent or one of the parties requests before the completion of the deposition, the transcript should be submitted to the deponent to review. Id. The deponent will have 30 days
Read moreAugust 26, 2017
Law and Rules Regarding Expert Witness Sequestration in Montana
The sequestration of expert witnesses falls under Montana’s Rules of Evidence, Rule 615. Mont. Code Ann. § 26-10-615 (West 2017). This rule requires that the court exclude a witness from the courtroom as to not hear the testimony of other witnesses when requested by a party or through its own motion. Id. The rule has three exceptions of individuals the
Read moreAugust 25, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Delaware?
Expert witness discovery is governed by Delaware’s Rules of Civil Procedure, Rule 26. Del. Code Ann. tit. 5, § 26 (West 2017). This rule allows discovery regarding fees and expenses paid to the expert witness if the court orders for it. Id. Case law is scant on the matter, and thus the governing rule is the language from the statute.
Read moreAugust 25, 2017
Errata Sheet Rules for Depositions in West Virginia
Errata Sheets in West Virginia are governed statutorily by West Virginia’s Rules of Civil Procedure, Rule 30(e). W. Va. Code Ann. § 5-30(e) (West 2017) This rule requires the deposition transcript to be submitted to the witness if either the witness or one of the parties so requests before the deposition is completed. Id. If the request is made, the
Read moreAugust 25, 2017
Law and Rules Regarding Expert Witness Sequestration in Missouri
The sequestration of expert witnesses falls under case law in Missouri. In the case law, excluding witnesses is been referred to as requesting the court to invoke the “Rule” to do so. State v. Shay, 339 S.W.2d 799 (Mo. 1960). This “Rule” allows the court to exclude a witness from the courtroom as to not hear the testimony of other
Read moreAugust 24, 2017
Are Expert Witness Tax Returns and Financial Information Discoverable in Idaho?
Expert witness discovery in Idaho is governed by Idaho’s Rules of Civil Procedure, Rule 26. Idaho Code Ann. § 5-26 (West 2017). This rule requires that parties disclose the amount of compensation that the expert is being paid. Id. Aside from this requirement, both statutory language and case law are silent on what other information regarding an expert witness’s financial
Read moreAugust 24, 2017
Errata Sheet Rules for Depositions in Washington, D.C.
Errata Sheets in Washington, D.C. are governed statutorily by the Superior Court Rules of Civil Procedure, Rule 30(e). D.C. CODE ANN. § 5-30 (West 2017). This rule requires that if requested by a party or the deponent before the completion of the deposition, the deponent must be given the opportunity to review the transcript. Id. If the request is made,
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