Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
October 30, 2017

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Psychologist and/or Physiatrist Expert Witness?

This case involved a dispute over the appropriate rates for plaintiff’s expert psychologist and physiatrist. O’Neal v. Century Insurance Company, No. 13-00058 ACK-RLP, 2015 WL 12697660 (D. Haw. Aug. 31, 2015). Both witnesses requested an hourly rate of $1,000, and the defendant argued that rate was unreasonable. Id. In this case, the court provided seven factors that should be used

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October 30, 2017

Expert Witness Sample Jury Instructions in Oklahoma

Jury instructions regarding expert witnesses are outlined in Oklahoma’s Uniform Jury Instructions, Civil Number 3.21. OKLA. UNIFORM JURY INSTR. CIVIL 3.21 (2015). This rule instructs the jury that while expert witnesses have a specialty expertise in a certain area, the jury should still consider the testimony and give it the credibility the jury feels it should be given. Id. Additionally,

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October 29, 2017

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Photography Expert Witness?

This case involved a motion by the plaintiff requesting that the defendant pay fees associated with the plaintiff’s photography expert witness. Stevens v. Corelogic, Inc., No. 14-cv-1158, 2016 WL 8729928 (S.D. Cal. May 6, 2016). The defendant responded by requesting the court only require the defendant to reimburse the expert for time spent travelling to and participating in his deposition,

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October 29, 2017

Expert Witness Sample Jury Instructions in Ohio

Jury instructions regarding expert witness testimony are outlined in Ohio’s Civil Jury Instructions, Title 3. OHIO JURY INSTR. CV 309.11 (2017). This rule instructs the jury that expert witnesses can be asked both opinion questions and hypothetical questions. Id. The jury should keep in mind what type of questions were asked and the underlying fact pattern’s similarity to the case

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October 28, 2017

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Applied Statistics Expert Witness?

This case involves a motion by the defendant to “set a reasonable expert witness fee” for plaintiff’s applied statistics expert witness. Brunarski v. Miami University, No. 1:16-cv-311, 2017 WL 713691 (S.D. Ohio Feb. 23, 2017). The plaintiff’s expert is a Professor at the University of California who has attained his PhD in Earth Science and has additional degrees in Statistics.

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October 28, 2017

Expert Witness Sample Jury Instructions in North Dakota

Jury instructions regarding expert witnesses in North Dakota are outlined in North Dakota’s Pattern Jury Instructions Civil § C- 80.05. N.D. PATTERN JURY INSTR. CIVIL § C – 80.05 (2010) . This rule explains that individuals labeled as experts have “specialized knowledge that will assist he jury in understanding the evidence.” Id. The jury is instructed that it is not

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October 27, 2017

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Geodemographic Expert Witness and a Political Science Expert Witness?

In this case, the plaintiff was seeking expert witness fees in the amounts of $5,400 for a Geodemographic Consultant and $27,413.42 for an Associate Political Science Professor from the University of Michigan. Raleigh Wake Citizens Ass’n. v. Wake Cty. Bd. of Elections, No. 5:13-CV-607-D, 2017 WL 4400754 (E.D.N.C. Sept. 29, 2017). The court was charged with finding whether these fees

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October 27, 2017

Expert Witness Sample Jury Instructions in North Carolina

Jury instructions in North Carolina are outlined in North Carolina’s Pattern Jury Instructions for Civil Cases, Rule 101.25. N.C. PATTERN JURY INSTR. CIVIL 101.25 (2016). This rule alerts the jury that expert witnesses are allowed to testify as to their opinions. Id. It also instructs the jury that regardless of the witness’s status as an expert, the jury has the

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October 26, 2017

Expert Witness Sample Jury Instructions in New Mexico

Jury instructions regarding expert witnesses are outlined in New Mexico’s Uniform Jury Instructions, Civil rule 13-213. UNIFORM JURY INSTR. N.M. 13-213 (2017). This rule instructs the jury that expert witnesses are permitted to testify as to their opinions given their expertise. Id. Additionally, the jury should consider “the reasons stated for an opinion” to determine the amount of weight and

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October 25, 2017

Expert Witness Sample Jury Instructions in New Jersey

Jury instructions regarding expert witnesses in New Jersey are outlined in New Jersey’s Model Civil Jury Charges, Rule 1.13. N.J. MODEL CIVIL JURY CHARGES 1.13 (1995). This rule explains to the jury that experts are permitted to give their opinions while testifying relating to subject matters that the expert is qualified in. Id. This rule also reminds the jury that

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