Expert Witness Rules, Laws and Procedure in Illinois

Illinois Rules Regarding Expert Witness Depositions and Interrogatories  Testifying experts may be subject to deposition in Illinois. Under Rule 206(d) of the Illinois Supreme Court Rules, depositions are generally limited to three hours. Experts retained only for consulting purposes, on the other hand, may only be subject to discovery under exceptional circumstances as described below, and, as such, are generally

Expert Witness Rules, Laws and Procedure in Texas

Texas Rules Regarding Expert Witness Depositions and Interrogatories  Experts retained to provide trial testimony may be subject to deposition in Texas under Rule 190.3(b)(2) of the Texas Rules of Civil Procedure. The Rules of Civil Procedure generally do not provide guidance on how long any individual may be deposed, but does limit the total time for depositions of “parties on

Expert Witness Rules, Laws and Procedure in California

California Rules Regarding Expert Witness Depositions and Interrogatories  As described in the following section, both parties to a case must disclose the identity of and other information regarding the expert witnesses they expect to call at trial upon demand by either party. Under Section 2034.410 of the California Code of Civil Procedure, any expert disclosed pursuant to that requirement may

Expert Witness Rules, Laws and Procedure in New York

New York Rules Regarding Expert Witness Depositions and Interrogatories  Under New York Civil Practice Law and Rules (“CPLR”) Section 3101(d)(1)(iii), depositions and interrogatories of experts (or any form of discovery other than that provided for in CPLR Section 3101(d)(1)(i), discussed below) are only available on a showing of special circumstances. A court will generally only find that special circumstances are

Expert Witness Rules, Laws and Procedure in Florida

Florida Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 1.280(b)(5)(A)(iii) of the Florida Rules of Civil Procedure, any expert expected to provide testimony at trial may be deposed. There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition for cause. Experts may not

Groundless Daubert Motion Sanctions and Fees

Increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court.

Attorneys and the expert witnesses they have retained are facing an increasing number of Daubert challenges. While many of these challenges are legitimate, increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court. What can counsel do when faced

$1,500 Per Hour Expert Witness in Badass Case

The United States District Court, D. Nevada. In the case of SCOTT L. WALKER, JR., Plaintiff, v. SPIKE’S TACTICAL, LLC, et. al., Defendants. Case No. 2:13-cv-01923-RFB-PAL dealt with the issue of how much of a fee is reasonable for a neurologist expert witness. The case arose out of an injury during the use of a flair launcher manufactured by Defendant

Expert Witness Daubert Do-over: Zoloft

fter one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying this was a non-permitted “Daubert do-over.”

The United States District Court, E.D. Pennsylvania IN RE: ZOLOFT (SERTRALINE HYDROCHLORIDE) PRODUCTS LIABILITY LITIGATION. No. 12-MD-2342. January 7, 2015 is in the midst of highly contested multidistrict litigation action claiming taking Zoloft during pregnancy causes birth defects. After one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying

10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge

In these Daubert situations, the expert witness very often has more at risk than the lawyer. Here are 10 things expert witnesses can do to protect themselves from successful Daubert attacks.

10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge Expert witnesses of all disciplines including accountants, engineers, appraisers, physicians, patent experts, damages experts, etc. are increasingly facing Daubert challenges. In a Daubert challenge opposing counsel will generally file a motion to disqualify the expert witness. This motion to disqualify will allege that the expert is unqualified or

Attorney Lance Cooper v. General Motors to Speak at SEAK Expert Witness Conference

Attorney Cooper will review how, through a well-planned direct examination, the expert can reveal her personality, likeability, credibility and deal with potential problem areas and weaknesses.

Attorney Lance A. Cooper’s dogged investigation of the death of Brook Melton while driving a Chevy Cobalt has cost GM over $2 billion to date and has saved countless lives. Attorney Cooper will be a keynote speaker at the SEAK National Expert Witness Conference to be held on April 25-26, 2015 in Washington, DC. Attorney Cooper initially settled the lawsuit