Expert Witness Blog

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

August 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

August 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.

August 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

August 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

August 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

August 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,

August 24, 2017

Law and Rules Regarding Expert Witness Sequestration in Mississippi

The sequestration of expert witnesses falls under Mississippi’s Rules of Evidence, Rule 615. Miss. Code Ann. § 6-615 (West 2017). This rule requires the court to exclude witnesses from the courtroom as to not hear testimony of other witnesses when requested by a party or by the court on its own order. Id. The rule has three exceptions of individuals

August 23, 2017

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

Expert witness discovery in Hawaii is governed by Hawaii’s Rules of Civil Procedure. HAW. REV. STAT. ANN. § 5-26 (West 2017). Neither this rule nor case law expands upon whether certain financial information of expert witnesses is discoverable or not. However, the trial court is given discretion to determine whether certain pieces of information are discoverable. Aloha Unlimited, Inc. v.

August 23, 2017

Errata Sheet Rules for Depositions in Vermont

Errata Sheets in Vermont are governed statutorily by Vermont’s Rules of Civil Procedure, Rule 30(e). VT. STAT. ANN. CT. RULES § 30 (West 2017). This rule requires the deponent be given the opportunity to examine and read the transcript once it is complete unless the witness and parties mutually agree to waive the reading and examination. Id. The deponent can

August 23, 2017

Law and Rules Regarding Expert Witness Sequestration in Minnesota

The sequestration of expert witnesses falls under Minnesota’s Rules of Evidence, Rule 615. Minn. Stat. Ann. § 6.615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear the testimony of other witnesses if a party requests or the court orders on its own. Id. In criminal proceedings, requests for a witness