Missouri Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify. The Missouri Rules to do not specify a time limit for depositions, but Rule 57.03(b)(2) provides that [...]
Minnesota Rules Regarding Expert Witness Depositions and Interrogatories Under the Minnesota Rules of Civil Procedure, experts are generally not subject to deposition, whether or not they are expected to testify at trial. Instead, the Rules provide for discovery of the opinions of experts through interrogatories and expert reports, as described in more detail below. The [...]
Maryland Rules Regarding Expert Witness Depositions and Interrogatories Under Maryland Rule 2-402(g)(1)(A), experts that a party expects to call a trial may be subject to deposition. Rule 2-411 requires a party to obtain leave of court to take a deposition that will last longer than one seven-hour day. Experts generally may not be subject to [...]
If you are a physician who is not licensed in Florida and plan to testify in Florida you will need to apply for an “Expert Witness Certificate”. The good news is that the fee is only $50 and the process is relatively easy to complete. Here is some additional information on the process: The Department [...]
Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time [...]
Can an engineering expert witness offer his alternative design opinion without performing research and testing? The court in ELAINE BENJAMIN, v. THE FOSDICK MACHINE TOOL COMPANY, No. 11-CV-00571-JJM. United States District Court, W.D. New York. April 22, 2015 dealt with the plaintiff who got her hand entangled in a spinning reamer tool attached to an [...]
Can an expert witness be cross-examined about inconsistencies in his CV in a criminal child abuse case? A Florida court, in the case of KAREEM DANIEL FARRELL, v. STATE OF FLORIDA, No. 4D13-2589, May 13, 2015 held he should. The court stated: Appellant next called Dr. Lloyd, a biomechanist with the Department of Veterans' Affairs. [...]
Expert medical testimony regarding undisclosed medical risks that had not materialized is proper in a medical malpractice informed consent case. The Supreme Court of Tennessee in the case of White v. Beeks No. V07554 (May 18, 2015) dealt with: Ike J. White III, aged nineteen, had suffered from back pain for over a year. His [...]
The significance of a Daubert exclusion for the expert witness, counsel, and the client cannot be overstated. In the Anthony Payne, v. C.R. Bard, Inc., Bard Peripheral Vascular, Inc., March 31, 2015, the court dealt with the issue of whether counsel should be permitted additional time to designate an expert when his original expert witness [...]
The Scott Hutchison, Plaintiff v. John R. Parent, Defendant, United States District Court, N.D. Ohio, Western Division, April 27, 2015 case dealt with a Daubert challenge to an expert who offered an alternative business valuation based on admittedly “incompetent data.” The court claimed the Daubert challenge finding that the analysis was in line with the [...]