Expert Witness Blog

Are Expert Witness Tax Returns and Financial Information Discoverable in New Jersey?

Discovery regarding expert witnesses is governed by New Jersey’s Rules Governing Civil Practice, Rule 4:10-2. N.J. STAT. ANN. § 4:10 (West 2017). The statute does not explicitly consider the discoverability of the expert witness’s personal finances and tax returns. Id. There is little case law on the matter as well, but the Superior Court, Appellate Division has held that parties have a right to question the financial interests of expert witnesses, but the appropriate inquiry is the percentage of the expert’s total income that comes from expert testimony rather than the dollar amount the expert receives for such services. Logan v. Fisher, 2009 WL 3849646 (N.J. Super. Ct. App. Div. Nov. 16, 2009).

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