Expert Witness Blog

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

September 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

September 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

September 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

September 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

August 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

August 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

August 31, 2017

Are Expert Witness Tax Returns and Financial Information Discoverable in North Dakota?

Expert witness discovery is governed by North Dakota’s Rules of Civil Procedure, Rule 26. N.D. CENT. CODE ANN. § 5-26 (West 2017). This rule does not specifically note whether expert witness financial information is discoverable, but it does allow for discovery into any information that a party can show is relevant, and the court can allow discovery if the party

August 30, 2017

Are Expert Witness Tax Returns and Financial Information Discoverable in Minnesota?

Expert witness discovery is governed by Minnesota’s Rules of Civil Procedure, Rule 26.02. MINN. STAT. ANN. § 26.02 (West 2017). This rule allows discovery into the fees and expenses that are associated with the expert witness’s testimony. Id. In regard to discovery in general, the court is given discretion to determine whether a piece of information is discoverable or not.

August 30, 2017

Law and Rules Regarding Expert Witness Sequestration in New Mexico

The sequestration of expert witnesses falls under New Mexico’s Rules of Evidence, Rule 11-615. N.M. STAT. ANN. § 11-6-615 (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 its own order. Id. The rule has four exceptions, and expert witnesses

August 30, 2017

Are Expert Witness Tax Returns and Financial Information Discoverable in Alaska?

Expert witness discovery is governed by Alaska’s Rules of Civil Procedure, Rule 26. Alaska Stat. Ann. § 5.26 (West 2017). This rule requires parties to disclosure the amount of compensation paid to an expert witness to testify. Id. Case law on the matter is scant, but the rule provides that the court can limit discovery if requests are too burdensome