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About Steve Babitsky

Steven Babitsky, Esq. is the founder of SEAK, Inc., the Expert Witness Training Company. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies and has worked with numerous experts to help them expand and grow their practices. Mr. Babitsky is the co-author of the texts How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness, How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing, How to Write an Expert Witness Report, and How to Market Your Expert Witness Practice Evidence-Based Practices. Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. ***The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.***

Are Expert Witness Tax Returns and Financial Information Discoverable in Montana?

Expert witness discovery is governed by Montana’s Rules of Civil Procedure, Rule 26. MONT. CODE ANN. § 20-5-26 (West 2017). This rule allows discovery into the amount of compensation that is paid to an expert witness when a party makes a motion and the court feels it is appropriate to allow discovery into said [...]

By |2023-07-06T11:00:56-04:00September 1st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in Montana?

Law and Rules Regarding Expert Witness Sequestration in North Carolina

The sequestration of expert witnesses falls under North Carolina’s Rules of Evidence, Rule 615. N.C. GEN. STAT. ANN. § 8C-615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear another witness’s testimony when a party requests or the court orders on its own. Id. There [...]

By |2023-07-06T11:01:19-04:00September 1st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Law and Rules Regarding Expert Witness Sequestration in North Carolina

Are Expert Witness Tax Returns and Financial Information Discoverable in South Dakota?

Expert witness discovery is governed by South Dakota’s Rules of Civil Procedure, § 15-6-26(b). S.D. Codified Laws § 15-6-26(b) (2017). This rule allows discovery of the fees and expenses associated with an expert’s testimony upon motion by a party. Id. Case law does not specifically discuss other financial information regarding experts, but it does [...]

By |2023-07-06T11:01:26-04:00September 1st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in South Dakota?

Are Expert Witness Tax Returns and Financial Information Discoverable in Mississippi?

Expert witness discovery is governed by Mississippi’s Rules of Civil Procedure, Rule 26. MISS. CODE ANN. § 5-26 (West 2017). This rule does not specifically allow discovery of the fees and expenses associated with the expert witness providing testimony. Id. The rule does allow discovery of any information that is relevant and not privileged. [...]

By |2023-07-06T11:01:35-04:00August 31st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in Mississippi?

Law and Rules Regarding Expert Witness Sequestration in New York

The sequestration of expert witnesses in New York is not statutorily codified. Instead, case law is the source of guidance. Case law provides that the trial court is given the discretion to decide whether a witness should be excluded from the courtroom. Philpot v. Fifth Ave. Coach Co., 128 N.Y.S. 35 (N.Y. App. Div. [...]

By |2023-07-06T11:02:11-04:00August 31st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Law and Rules Regarding Expert Witness Sequestration in New York

Are Expert Witness Tax Returns and Financial Information Discoverable in North Dakota?

Expert witness discovery is governed by North Dakota’s Rules of Civil Procedure, Rule 26. N.D. CENT. CODE ANN. § 5-26 (West 2017). This rule does not specifically note whether expert witness financial information is discoverable, but it does allow for discovery into any information that a party can show is relevant, and the court [...]

By |2023-07-06T11:02:27-04:00August 31st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in North Dakota?

Are Expert Witness Tax Returns and Financial Information Discoverable in Minnesota?

Expert witness discovery is governed by Minnesota’s Rules of Civil Procedure, Rule 26.02. MINN. STAT. ANN. § 26.02 (West 2017). This rule allows discovery into the fees and expenses that are associated with the expert witness’s testimony. Id. In regard to discovery in general, the court is given discretion to determine whether a piece [...]

By |2023-07-06T11:02:36-04:00August 30th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in Minnesota?

Law and Rules Regarding Expert Witness Sequestration in New Mexico

The sequestration of expert witnesses falls under New Mexico’s Rules of Evidence, Rule 11-615. N.M. STAT. ANN. § 11-6-615 (West 2017). This rule requires the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or through its own order. Id. The rule [...]

By |2023-07-06T11:02:45-04:00August 30th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Law and Rules Regarding Expert Witness Sequestration in New Mexico

Are Expert Witness Tax Returns and Financial Information Discoverable in Alaska?

Expert witness discovery is governed by Alaska’s Rules of Civil Procedure, Rule 26. Alaska Stat. Ann. § 5.26 (West 2017). This rule requires parties to disclosure the amount of compensation paid to an expert witness to testify. Id. Case law on the matter is scant, but the rule provides that the court can limit [...]

By |2023-07-06T11:02:54-04:00August 30th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in Alaska?

Are Expert Witness Tax Returns and Financial Information Discoverable in Maryland?

Discovery is governed by Maryland’s Rules of Civil Procedure, Rule 2-402. MD. CODE ANN., CTS. & JUD. PROC. § 2-401 (West 2017). The rule governs discovery generally and does not specifically set rules for expert witness testimony. Id. However, the rule does allow that two of the reasons a court can limit discovery is [...]

By |2023-07-06T11:03:05-04:00August 29th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Are Expert Witness Tax Returns and Financial Information Discoverable in Maryland?
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