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Is Daubert or Frye used for expert witness testimony admissibility in North Dakota?

The state of North Dakota does not explicitly follow either the Daubert or Frye test for the admissibility of expert witness testimony. State v. Hernandez, 707 N.W.2d 449 (N.D. 2005). However, North Dakota’s rules closely mirror the test established in Daubert. Id. Under North Dakota’s Rules of Evidence, Rule 702, experts are able to [...]

By |2023-01-05T15:31:56-05:00January 5th, 2023|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in North Dakota?

Is Daubert or Frye used for expert witness testimony admissibility in Vermont?

The state of Vermont follows the Daubert test for the admissibility of expert witness testimony. USGen New England, Inc. v. Town of Rockingham, 862 A.2d 269 (Vt. 2004). Under this test, the court should analyze four factors to determine if expert testimony is admissible. Id. The factors are: “(1) whether the scientific technique or [...]

By |2023-01-05T15:28:01-05:00January 5th, 2023|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Vermont?

How often does an expert witness have to go to court?

By James J. Mangraviti, Jr. Esq. One of the concerns that prospective expert witnesses often express is that “I don’t have time to be in court all the time.” The belief that expert witnesses spend a significant amount of time in court is usually a false one.  In fact, for most experts who are retained [...]

By |2021-10-29T14:23:09-04:00October 29th, 2021|Blog, Uncategorized|Comments Off on How often does an expert witness have to go to court?

Who decides if an expert witness is qualified?

By James J. Mangraviti, Jr. Esq. An expert witness must be qualified to give all the opinions which the expert proposes to give in a particular case. That begs the question of who decides if an expert witness is qualified. There are actually many people who decide if an expert witness is qualified in a [...]

By |2021-10-15T08:14:36-04:00October 15th, 2021|Blog, Uncategorized|Comments Off on Who decides if an expert witness is qualified?

Expert Witness Testimony: The Three Biggest Mistakes Witnesses Make When Providing Expert Witness Testimony at Deposition and Trial

By James J. Mangraviti, Jr. Esq. I have had the honor and pleasure of teaching, training, and preparing expert witnesses since 1996.  Over the years, I have seen expert witnesses repeatedly make the same mistakes when providing their expert witness testimony.  These mistakes when providing expert witness testimony are typically 100% avoidable.  The three most [...]

By |2021-10-08T13:18:33-04:00October 8th, 2021|Blog, Uncategorized|Comments Off on Expert Witness Testimony: The Three Biggest Mistakes Witnesses Make When Providing Expert Witness Testimony at Deposition and Trial

Expert Witness Disclosure: Background and Advice for Expert Witnesses

Introduction: Expert Witness Disclosures Persons who serve as expert witnesses are often asked to provide, or help to provide, an expert witness disclosure.  In this post we will explain the purpose and required elements of an expert witness disclosure. I will also provide suggestions for experts in preparing an expert witness disclosure. What is [...]

By |2021-10-08T11:56:22-04:00October 7th, 2021|Blog, Uncategorized|Comments Off on Expert Witness Disclosure: Background and Advice for Expert Witnesses

What is an expert witness?

As an attorney who trains expert witnesses I am often asked to explain or define what is an expert witness.  The short answer is that an expert witness is a special kind of witness in a court case who is allowed to testify as to their opinions.  In some states expert witnesses are actually [...]

By |2021-10-08T09:23:10-04:00October 7th, 2021|Blog, Uncategorized|Comments Off on What is an expert witness?

Does HIPPA Prevent a Medical Expert Witness from Reviewing and Discussing Medical Records?

By Kelly Wilbur, Esq. One of the main components of expert witness assignments, when a plaintiff’s medical condition or status is involved, is reviewing medical records. This often begs the question, does HIPPA permit the disclosure of such records so the records may be reviewed by the expert witness? The short answer is YES. The Health [...]

By |2021-08-27T10:55:54-04:00August 27th, 2021|Blog, Uncategorized|Comments Off on Does HIPPA Prevent a Medical Expert Witness from Reviewing and Discussing Medical Records?

Expert Witness for Class Action Certification

By Kelly J. Wilbur, Esq. Expert witnesses may be retained to assist in the certification process for a class action lawsuit. These assignments are typically extremely lucrative. The lawyers will usually be willing to pay for top quality work-which takes time. Such assignments are also extremely high stakes. Whether or not a class can be [...]

By |2021-08-27T10:56:35-04:00August 3rd, 2021|Blog, Uncategorized|Comments Off on Expert Witness for Class Action Certification

Can a Physician Expert Witness Testify as to a Physician’s Assistant (PA) Standard of Care?

By Kelly Wilbur, Esq. Physicians are often called upon to evaluate the conduct of physician’s assistants (PA) and whether such conduct comports with the PA standard of care. Whether the physician will be permitted to offer an opinion in this regard, varies by state and by the context of the situation involved in the case. [...]

By |2021-04-06T08:16:46-04:00April 6th, 2021|Blog, Uncategorized|Comments Off on Can a Physician Expert Witness Testify as to a Physician’s Assistant (PA) Standard of Care?
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