Expert Witness Laws/Procedure

Does a Medical Expert Witness Need to Maintain an Active Clinical Practice

A discussion regarding whether a medical expert witness needs to maintain an active clinical practice in order to be retained as an expert.

By James J. Mangraviti, Jr., Esq.  Introduction – Medical Expert Witness and Needing an Active Clinical Practice  Expert witnessing can be a great side gig for physicians and other medical professionals.  The work is interesting and involves teaching and educating lawyers, judges, and juries.  The vast majority of the work consists of record review, research, talking on the phone or

Expert Witness Testimony Preparation: What is and is not Ethical

A discussion of what lawyers can and cannot do when preparing an expert witness to offer testimony at both deposition and trial.

By: Kelly J. Wilbur, Esq. While some lawyers skimp on their expert witness testimony preparation, which can be an ethics violation on its own, other lawyers take the “preparation” too far. Furthermore, the practice of coaching witnesses during testimony that goes so far as to be essentially manipulating the witness’ conduct during the testimony is unethical.[1] Preparation During expert witness

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 provide testimony relating to their area

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 methodology involved can be tested; (2)

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 particular case. These include: The

Expert Witness Definition and Qualifications

Expert Witness Definition and Qualifications. Find out about the Legal Requirements to Qualify As an Expert Witness.

What is the Definition of an Expert Witness? The Legal Requirements to Qualify As an Expert Witness Federal Rule of Evidence 702 governs the qualifications of expert witnesses. Fed. R. Evid. 702. Expert Witness Testimony Expert Witness Definition If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue,

Expert Witness Code of Conduct

Expert Witness Code of Conduct and ethical standards of their professional organizations and certifying bodies can be fertile area of cross-examination.

What is the Expert Witness Code of Conduct? Expert witnesses need a full understanding of the moral, legal, and financial reasons for acting in an ethical manner.  Violating the expert witness code of conduct can be and, in many cases, will be subject to a variety of sanctions including prosecution for perjury, civil suits, monetary sanction by the court, professional

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

A discussion about how HIPPA applies to expert witness work with citations to provisions allowing experts to review 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 Insurance Portability and Accountability Act

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 certified can determine if litigation

Notes of Expert Witnesses Protected: FRCP 26(b)(4)(C)

By Steven Babitsky, Esq. The US District Court D. New Mexico dealt with an attempt to force the production of the expert witness’s notes in discovery. The court, citing FRCP 26(b)(4)(C) found these notes to be protected from discovery. The court stated: Rule 26(b)(4)(C) protects “communications between a party’s attorney and any witness required to provide a report [ ],