Expert Witness Blog

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

November 4, 2017

Expert Witness Sample Jury Instructions in South Dakota

Jury instructions in South Dakota regarding expert witnesses are not as readily outlined as those of other states. Instead, case law is more revealing of the relevant instructions to a jury regarding expert witness testimony. To begin, the reason for allowing experts to testify is to help the jury understand the case and not to instruct the jury as to

November 3, 2017

Expert Witness Sample Jury Instructions in South Carolina

Jury instructions regarding expert witnesses in South Carolina are outlined in Anderson’s South Carolina Requests to Charge, Civil § 1-6. ANDERSON’S S.C. REQUESTS TO CHARGE, CIVIL § 1-6 (2016). This rule instructs the jury on the differences between expert testimony and other witness testimony, mainly that given the expert’s expertise and experience it is allowed to testify to its opinions

November 2, 2017

Expert Witness Sample Jury Instructions in Rhode Island

Jury instructions regarding expert witnesses in New Hampshire are outlined in New Hampshire’s Jury Instructions Civil § 105.3. R.I. Jury Instr. Civil § 105.3 (2002). This rule explains to the jury that expert witnesses are permitted to testify as to their opinions on the case at hand because they have special “education or experience” that qualifies them as an expert.

November 1, 2017

Expert Witness Sample Jury Instructions in Pennsylvania

Jury instructions regarding expert witness testimony are outlined in Pennsylvania’s Suggested Standard Civil Jury Instructions. PA. SSJI (Civ), §4.100, §4.80 (2013). This rule provides that the jury is not required to accept an expert’s testimony simply because the witness is an expert. Id. The rule instructs the jury to consider a variety of factors when determining the amount of weight

October 31, 2017

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

In this case, plaintiffs requested expert witness fees for an actuarial witness. Cohen v. Jaffe, Raitt, Heuer, No. 2:16-cv-11484, 2017 WL 3616485 (E.D. Mich. Aug. 23, 2017). The court was inquired to determine whether the fees requested for the expert’s services were reasonable. Id. The court described the fee requested as “eye popping” and established an appropriate rate for an

October 31, 2017

Expert Witness Sample Jury Instructions in Oregon

Jury instructions regarding expert witnesses are outlined in Oregon’s Uniform Civil Jury Instructions on Expert Witnesses. OR. UNIFORM CIVIL JURY INSTR. 10.06 (2015). This rule instructs the jury that expert witnesses can testify as to their opinions on matters that the expert “has special knowledge, skill, experience, training, or education.” Id. The jury is told to weigh the expert’s testimony

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

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,

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,

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