Posts discussing laws and court precedent regarding expert witnesses.
Errata Sheets in Oregon are governed statutorily by Oregon’s Rules of Civil Procedure, Rule 39. OR. REV. STAT. ANN. § 39(F) (West 2017). Rule 39(F) requires that if a party requests, at the time the deposition is taken, then the transcript should be submitted to the witness once it is completed. Id. The witness [...]
The sequestration of expert witnesses falls under Maine’s Rules of Evidence, Rule 615. ME. REV. STAT. ANN. tit. 6, § 615 (2017). This rule allows the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when a party requests or through an order of its own. Id. [...]
Expert witness discovery is governed by Arkansas’s Rules of Civil Procedure, Rule 26. ARK. CODE ANN. § 5-26 (West 2017). This rule outlines discovery for expert witness but does not directly outline whether expert fees and expenses are discoverable. Id. Case law notes that the trial court is given broad discretion to determine whether [...]
Errata Sheets in New Mexico are governed statutorily by the State Court Rules, Rule 1-030(E). N.M. STAT. ANN. § 5-1-030 (West 2017). This rule requires that the deposition transcript be submitted to the witness if either the witness or one of the parties so requests before the deposition is completed. Id. If the request [...]
The sequestration of expert witnesses falls under Louisiana’s Rules of Evidence, Rule 615. La. Stat. Ann. § 6:615 (2017). This rule requires the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by one of the parties or by its own order. Id. The court [...]
Expert witness discovery is governed by Alabama’s Rules of Civil Procedure, Rule 26. ALA. CODE § 5-26 (2017). This rule allows discovery into fees and expenses regarding expert witnesses “as the court deems appropriate.” Id. While case law does not specifically state whether financial information or tax returns of experts are discoverable, it does [...]
Errata Sheets in New Hampshire are governed statutorily by Rule 26(f) of the New Hampshire Court Rules. N.H. REV. STAT. ANN. § 5:26 (2017). This rule states that there can be no changes made to a deposition transcript. Id. If there are any alleged errors, they shall be provided in a separate document attached [...]
The sequestration of expert witnesses falls under Kentucky’s Rules of Evidence, Rule 615. KY. REV. STAT. ANN. § 6.615 (West 2017). This rule requires that the court exclude a witness from the courtroom as to not hear testimony of other witnesses upon request by a party or on the court’s own order. Id. The [...]
Discovery regarding expert witnesses is governed by Ohio’s Rules of Civil Procedure, Rule 26. OHIO REV. CODE ANN. § 26 (West 2017). This rule provides that if requested, parties must disclose communications between the party’s attorney and an expert witness that relate to or discuss the amount of compensation paid for the expert’s testimony. [...]
Errata Sheets in Nevada are governed statutorily by Nevada’s Justice Court Rules of Civil Procedure, Rule 30(e). NEV. REV. STAT. ANN. § 5-30 (West 2017). This rule requires that the deposition transcript be submitted to the witness if either the witness or one of the parties so requests before the deposition is completed. Id. [...]