By James J. Mangraviti, Jr. One of the most common sets of questions we receive from our expert witness clients have to do with collections: “I am having trouble getting paid as an expert witness, what do I do?” “How can an expert witness make retaining counsel pay what he/she is owed?” “What do I [...]
How far will some lawyers go when cross-examining an expert witness? Electrical engineer AP Meliopoulos found out the hard way in a Utah case. Dr. Meliopoulos was being cross-examined by Atty. Don Howarth. Judge James Brady described what occurred: 1. Dr. Meliopoulos was an expert witness, called by IPP to testify before this court. 2. During Dr. [...]
Nevada Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Nevada Rules of Civil Procedure, a party may depose opposing experts whose opinions may be presented at trial. Rule 30(d) limits depositions to one seven-hour day, provided that court must allow additional time if needed to fairly examine the deponent. Experts generally [...]
Nebraska Rules Regarding Expert Witness Depositions and Interrogatories There is no general right to depose expert witnesses in Nebraska, even those that are expected to testify at trial. However, Section 6-326(b)(4)(A)(ii) of the Nebraska Court Rules of Discovery in Civil Cases provides that, upon motion, a court may order discovery beyond the generally allowed means, [...]
Kansas Rules Regarding Expert Witness Depositions and Interrogatories Under Section 60-226(b)(5)(A) of the Kansas Statutes, a party may depose opposing experts whose opinions may be presented at trial. The Kansas rules do not provide a specific time limit for depositions. However, Section 60-230(d) provides that at any time during a deposition, the deponent or a [...]
New Mexico Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 1-026(B)(6)(b) of the New Mexico Rules of Civil Procedure, a party may depose opposing experts whose opinions may be presented at trial. Rule 1-030(D)(2) limits depositions to one seven-hour day, provided that court must allow additional time if needed to fairly examine the deponent. [...]
West Virginia Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A)(ii) of the West Virginia Rules of Civil Procedure, experts whose opinions will be presented at trial may be deposed. The West Virginia Rules do not provide a time limit for depositions, instead allowing courts to limit the time allowed by order or local [...]
Oklahoma Rules Regarding Expert Witness Depositions and Interrogatories Under Section 3226(B)(4)(a)(2) of Title 12 of the Oklahoma Statutes, experts that a party expects to call a trial may be subject to deposition after they are identified in the interrogatories discussed in the following section. Section 3230(A)(3) limits depositions to one six-hour day unless the court [...]
Connecticut Rules Regarding Expert Witness Depositions and Interrogatories Under Section 13-4(c)(1) of the Connecticut Practice Book, experts that a party expects to call a trial may be subject to deposition. The Connecticut rules do not impose a specific time limit on such depositions, but Section 13-27(e) provides that the court may increase or decrease the [...]
More and more courts are finding that federal rule 26 requiring that the expert “prepare” his/her report means that the report needs to be written by the expert and not the retaining lawyer. Some courts have gone so far as to make highly critical comments about the expert whose report was ghostwritten by the lawyer [...]