Expert Witness Laws/Procedure

Are Prior Expert Witness Reports Discoverable?

Are expert witnesses required to produce prior expert reports from unrelated cases during discovery? The US District Court in Colorado in CAROL VON SCHWAB,  v. AAA FIRE & CASUALTY INSURANCE COMPANY, Civil Action No. 1:14-cv-00183-CMA-NYW, April 21, 2015 held no. The court dealt with an insurance claim due to hail storm event. The court rejected the attempt to force the

Expert Witness Rules, Laws and Procedure in Washington

Washington Rules Regarding Expert Witness Depositions and Interrogatories  Washington Civil Rule 26(b)(5)(A)(ii) allows a party to depose all experts its opponent expects to call at trial. Washington Rules do not specifically limit the time allowed for the taking of a deposition, but Rule 30(b)(3) states that a court may increase of decrease the allowed time for cause. Experts generally may

Expert Witness Rules, Laws and Procedure in Indiana

Indiana Rules Regarding Expert Witness Depositions and Interrogatories  There is no general right to depose expert witnesses in Indiana, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Indiana Rules of Trial Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the following section, which may include

Expert Witness Rules, Laws and Procedure in Virginia

Virginia Rules Regarding Expert Witness Depositions and Interrogatories  Rule 4:1(b)(4)(A)(ii) of the Rules of the Supreme Court of Virginia allows for the deposition of experts who are expected to testify at trial. Virginia Rules do not specify a time limit for the taking of depositions, but Rule 4:5(b)(3) provides that the court may increase or decrease the time allowed for

Expert Witness Rules, Laws and Procedure in New Jersey

New Jersey Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 4:10-2(d)(2) of the New Jersey Court Rules, experts who are required to furnish reports (as described in the following section) may be subject to deposition as to the opinions stated in their reports. See also Pontidis v. Shavelli, 686 A.2d 1275, 1277 (N.J. Super. Ct. App. Div. 1997). There

Expert Witness Rules, Laws and Procedure in Massachusetts

Massachusetts Rules Regarding Expert Witness Depositions and Interrogatories  There is no general right to depose expert witnesses in Massachusetts, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Massachusetts Rules of Civil Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the following section, which may include

Can Attorneys Force Expert Witnesses to Produce Their Tax Returns & 1099’s

Expert Witness: Tax Returns & 1099’s The court in SHARON R. OLSON v. STATE FARM FIRE COMPANY, Case No.C14-0786RSM United States District Court, W.D. Washington, Seattle (February 23, 2015) dealt with a motion to quash a broad subpoena for the tax records and 1099’s of a medical expert. The court denied the attempt to force the medical expert to produce

Jury Instruction on Expert Witnesses

All expert witnesses should be familiar with the standard jury instruction given by judges to jurors on expert witnesses. It reads as follows...

All expert witnesses should be familiar with the standard jury instruction given by judges to jurors on expert witnesses. It reads as follows: JURY INSTRUCTION ON EXPERT WITNESSES The rules of evidence normally do not permit witnesses to testify as to opinions or conclusions. There is an exception to this rule for “expert witnesses.” An expert witness is a person

Lawyers, Expert Witnesses & Pretrial Technology

Expert Witnesses want to be aware of the latest technology employed by lawyers used to test arguments and evidence. The MIT Technology Review V. 118 No. 3 May/June 2015 ran a very interesting article entitles “path of persuasion.” Here is what trial lawyers are now doing to test out their cases and evidence: Pretrial Technology Lawyers are testing arguments and

Disqualifications of Expert Witnesses: Lawyer Writing Report

Expert witnesses are increasingly being challenged, and in many cases being disqualified under Daubert. When attorneys suspect retaining counsel has effectively “written” the expert’s report, attorneys are using this to pursue disqualification of the expert. In the case of MOBILE MEDICAL INTERNATIONAL CORPORATION, v. ADVANCED MOBILE HOSPITAL SYSTEMS, INC., Case No. 2:07-cv-231, United States District Court, D. Vermont the court