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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.***

Expert Witness Sample Jury Instructions in South Carolina

Jury instructions regarding expert witnesses in South Carolina are outlined in Anderson’s South Carolina Requests to Charge, Civil § 1-6. ANDERSON’S S.C. REQUESTS TO CHARGE, CIVIL § 1-6 (2016). This rule instructs the jury on the differences between expert testimony and other witness testimony, mainly that given the expert’s expertise and experience it is [...]

By |2023-07-06T09:34:56-04:00November 3rd, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in South Carolina

Expert Witness Sample Jury Instructions in Rhode Island

Jury instructions regarding expert witnesses in New Hampshire are outlined in New Hampshire’s Jury Instructions Civil § 105.3. R.I. Jury Instr. Civil § 105.3 (2002). This rule explains to the jury that expert witnesses are permitted to testify as to their opinions on the case at hand because they have special “education or experience” [...]

By |2023-07-06T09:35:03-04:00November 2nd, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in Rhode Island

Expert Witness Sample Jury Instructions in Pennsylvania

Jury instructions regarding expert witness testimony are outlined in Pennsylvania’s Suggested Standard Civil Jury Instructions. PA. SSJI (Civ), §4.100, §4.80 (2013). This rule provides that the jury is not required to accept an expert’s testimony simply because the witness is an expert. Id. The rule instructs the jury to consider a variety of factors [...]

By |2023-07-06T09:35:09-04:00November 1st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in Pennsylvania

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Actuarial Expert Witness?

In this case, plaintiffs requested expert witness fees for an actuarial witness. Cohen v. Jaffe, Raitt, Heuer, No. 2:16-cv-11484, 2017 WL 3616485 (E.D. Mich. Aug. 23, 2017). The court was inquired to determine whether the fees requested for the expert’s services were reasonable. Id. The court described the fee requested as “eye popping” and established [...]

By |2023-07-13T10:07:36-04:00October 31st, 2017|Blog, Fees, Opinions|Comments Off on What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Actuarial Expert Witness?

Expert Witness Sample Jury Instructions in Oregon

Jury instructions regarding expert witnesses are outlined in Oregon’s Uniform Civil Jury Instructions on Expert Witnesses. OR. UNIFORM CIVIL JURY INSTR. 10.06 (2015). This rule instructs the jury that expert witnesses can testify as to their opinions on matters that the expert “has special knowledge, skill, experience, training, or education.” Id. The jury is [...]

By |2023-07-06T09:35:23-04:00October 31st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in Oregon

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Psychologist and/or Physiatrist Expert Witness?

This case involved a dispute over the appropriate rates for plaintiff’s expert psychologist and physiatrist. O’Neal v. Century Insurance Company, No. 13-00058 ACK-RLP, 2015 WL 12697660 (D. Haw. Aug. 31, 2015). Both witnesses requested an hourly rate of $1,000, and the defendant argued that rate was unreasonable. Id. In this case, the court provided seven [...]

By |2023-07-13T10:07:43-04:00October 30th, 2017|Blog, Fees, Opinions|Comments Off on What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Psychologist and/or Physiatrist Expert Witness?

Expert Witness Sample Jury Instructions in Oklahoma

Jury instructions regarding expert witnesses are outlined in Oklahoma’s Uniform Jury Instructions, Civil Number 3.21. OKLA. UNIFORM JURY INSTR. CIVIL 3.21 (2015). This rule instructs the jury that while expert witnesses have a specialty expertise in a certain area, the jury should still consider the testimony and give it the credibility the jury feels [...]

By |2023-07-06T09:38:42-04:00October 30th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in Oklahoma

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Photography Expert Witness?

This case involved a motion by the plaintiff requesting that the defendant pay fees associated with the plaintiff’s photography expert witness. Stevens v. Corelogic, Inc., No. 14-cv-1158, 2016 WL 8729928 (S.D. Cal. May 6, 2016). The defendant responded by requesting the court only require the defendant to reimburse the expert for time spent travelling to [...]

By |2023-07-13T10:07:50-04:00October 29th, 2017|Blog, Fees, Opinions|Comments Off on What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Photography Expert Witness?

Expert Witness Sample Jury Instructions in Ohio

Jury instructions regarding expert witness testimony are outlined in Ohio’s Civil Jury Instructions, Title 3. OHIO JURY INSTR. CV 309.11 (2017). This rule instructs the jury that expert witnesses can be asked both opinion questions and hypothetical questions. Id. The jury should keep in mind what type of questions were asked and the underlying [...]

By |2023-07-06T09:38:57-04:00October 29th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Sample Jury Instructions in Ohio

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Applied Statistics Expert Witness?

This case involves a motion by the defendant to “set a reasonable expert witness fee” for plaintiff’s applied statistics expert witness. Brunarski v. Miami University, No. 1:16-cv-311, 2017 WL 713691 (S.D. Ohio Feb. 23, 2017). The plaintiff’s expert is a Professor at the University of California who has attained his PhD in Earth Science and [...]

By |2023-07-13T10:07:57-04:00October 28th, 2017|Blog, Fees, Opinions|Comments Off on What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Applied Statistics Expert Witness?
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