California Rules Regarding Expert Witness Depositions and Interrogatories As described in the following section, both parties to a case must disclose the identity of and other information regarding the expert witnesses they expect to call at trial upon demand by either party. Under Section 2034.410 of the California Code of Civil Procedure, any expert disclosed [...]
New York Rules Regarding Expert Witness Depositions and Interrogatories Under New York Civil Practice Law and Rules (“CPLR”) Section 3101(d)(1)(iii), depositions and interrogatories of experts (or any form of discovery other than that provided for in CPLR Section 3101(d)(1)(i), discussed below) are only available on a showing of special circumstances. A court will generally [...]
Florida Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 1.280(b)(5)(A)(iii) of the Florida Rules of Civil Procedure, any expert expected to provide testimony at trial may be deposed. There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition [...]
Attorneys and the expert witnesses they have retained are facing an increasing number of Daubert challenges. While many of these challenges are legitimate, increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court. What [...]
The United States District Court, D. Nevada. In the case of SCOTT L. WALKER, JR., Plaintiff, v. SPIKE'S TACTICAL, LLC, et. al., Defendants. Case No. 2:13-cv-01923-RFB-PAL dealt with the issue of how much of a fee is reasonable for a neurologist expert witness. The case arose out of an injury during the use of a [...]
The United States District Court, E.D. Pennsylvania IN RE: ZOLOFT (SERTRALINE HYDROCHLORIDE) PRODUCTS LIABILITY LITIGATION. No. 12-MD-2342. January 7, 2015 is in the midst of highly contested multidistrict litigation action claiming taking Zoloft during pregnancy causes birth defects. After one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert [...]
10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge Expert witnesses of all disciplines including accountants, engineers, appraisers, physicians, patent experts, damages experts, etc. are increasingly facing Daubert challenges. In a Daubert challenge opposing counsel will generally file a motion to disqualify the expert witness. This motion to disqualify will allege that [...]
Attorney Lance A. Cooper’s dogged investigation of the death of Brook Melton while driving a Chevy Cobalt has cost GM over $2 billion to date and has saved countless lives. Attorney Cooper will be a keynote speaker at the SEAK National Expert Witness Conference to be held on April 25-26, 2015 in Washington, DC. Attorney [...]
Arkansas Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A)(ii) of the Arkansas Rules of Civil Procedure, any expert expected to testify at trial may be subject to deposition. There is no presumptive time limit for depositions in Arkansas like there is under the Federal Rules and in many other states. Rule 30(d)(2) of [...]
Arizona Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Arizona Rules of Civil Procedure, a party can depose any expert who might testify at trial, and under Rule 30(d), depositions generally cannot exceed four hours. See also State ex rel. Willey v. Whitman, 370 P.2d 273, 277 (Ariz. 1962) (explaining that [...]