Posts discussing laws and court precedent regarding expert witnesses.
The sequestration of expert witnesses falls under Kansas’s Criminal Procedure Code, Rule 22-2903. Kan. Stat. Ann. § 22-2903 (West 2017). This rule requires the court to exclude a witness from the courtroom when requested by a party or through an order of its own. Id. The trial court is given discretion as to whether [...]
Discovery regarding expert witnesses is governed by North Carolina’s Rules of Civil Procedure, Rule 26. N.C. GEN. STAT. ANN. § 1A-1 (West 2017). This rule requires that parties disclose, in a report, the amount to be paid to each expert that will be testifying for their cause. Id. Parties are able to request additional [...]
Errata Sheets in Nebraska are governed statutorily by the Rules of the Supreme Court and Court of Appeals for Nebraska, §6-330(e). Neb. Rev. Stat. Ann. § 6-330 (West 2017). This rule requires the deponent be given the opportunity to review and make changes to the deposition transcript as long as either the deponent or [...]
The sequestration of expert witnesses falls under Iowa’s Rules of Evidence, Rule 5.615. IOWA CODE ANN. §5.615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or on its own order. Id. The rule has four [...]
Discovery regarding expert witnesses is governed by Missouri’s Supreme Court Rules, Rule 56.01. MO. ANN. STAT. § 56.01 (West 2017). This rule allows discovery into the hourly fee the expert witness charges for its services. Id. However, if financial information is being used to impeach the expert witness, the requests for discovery “must be [...]
Errata Sheets in Montana are governed statutorily by Montana’s Rules of Civil Procedure, Rule 30(e). MONT. CODE ANN. § 25-30-5 (West 2017). This rule requires that if requested by a party or the deponent before the completion of the deposition, the deponent must be given the opportunity to review the transcript. Id. If the [...]
The sequestration of expert witnesses falls under Indiana’s Rules of Evidence, Rule 615. IND. CODE ANN. § 34-6-615 (West 2017). This rule requires that if requested by a party, the court must exclude a witness from the courtroom as to not hear the testimony of other witnesses. Id. The court can also order the [...]
Discovery regarding expert witnesses is governed by Massachusetts’s Rules of Civil Procedure, Rule 26. MASS. GEN. LAWS. ANN. ch. 5, § 26 (West 2017). This rule allows for discovery of the fees and expenses paid to the expert to testify “as the court may deem appropriate.” Id. Case law is scant regarding financial information [...]
Errata Sheets in Maine are governed statutorily by Maine’s Rules of Civil Procedure, Rule 30(e). ME. REV. STAT. ANN. tit. Court Rules, § 5-30 (2017). This rule requires that unless the witness and the parties waive the reading and examination, once the transcript is complete it should be provided to the witness for the [...]
The sequestration of expert witnesses in Illinois falls under the Illinois Rules of Evidence, Rule 615. Ct. Rules Ill. Comp. Stat. 6/615 (West 2017). This rule requires that a witness be excluded from the courtroom if a party requests or the court orders on its own. Id. The rule has four exceptions of individuals [...]