Posts discussing laws and court precedent regarding expert witnesses.
Discovery regarding expert witnesses is governed by Indiana’s Court Rules, Rule 26. IND. CODE ANN. § 34-5-26 (West 2017). This rule allows a party to file a motion requesting the court to grant discovery into expert fees and expenses. Id. The court is given authority to grant these motions as it deems appropriate. Id.; [...]
Errata Sheets in Louisiana are governed statutorily by Louisiana’s Code of Civil Procedure, Article 1445. LA. CODE CIV. PROC. ANN. art. 1445 (2017). This rule requires that once the transcript is complete, it is to be submitted to the witness to be read and examined unless both parties have mutually agreed to waive the [...]
The sequestration of expert witnesses falls under Idaho’s Criminal Procedure Code, § 19-810. IDAHO CODE ANN. § 19-810 (West 2017). This rule requires the court to exclude witnesses from the courtroom as to not hear testimony of other witnesses when requested by a party. Id. The trial court is given discretion as to whether [...]
Discovery regarding expert witnesses is governed by Arizona’s Rules of Civil Procedure, Rule 26.1. ARIZ. REV. STAT. ANN. § 16-26.1 (2017). This rule does not specifically note whether financial information relating to expert witnesses is discoverable or not. Id. Case law is scant on the issue as well, but it does note that when [...]
Errata Sheets in Kentucky are governed statutorily by Kentucky’s Rules of Civil Procedure, Rule 30.05. KY. REV. STAT. ANN. § 30.05 (West 2017). This rule allows any party of the action to request to the deposition officer that the transcript be submitted to the witness. Id. If a request is made, then once the transcript [...]
The sequestration of expert witnesses falls under Hawaii’s Rules of Evidence, Rule 615. HAW. REV. STAT. ANN. § 626-1 (West 2017). This rule requires 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. There [...]
Discovery regarding expert witnesses is governed by New Jersey’s Rules Governing Civil Practice, Rule 4:10-2. N.J. STAT. ANN. § 4:10 (West 2017). The statute does not explicitly consider the discoverability of the expert witness’s personal finances and tax returns. Id. There is little case law on the matter as well, but the Superior Court, [...]
Errata Sheets in Kansas are governed statutorily by Kansas’s Court Rules of Civil Procedure, Rule 60-230. Kan. Stat. Ann. §60-230 (West 2017). This rule requires that the deponent is always given the opportunity to review and make changes to the deposition transcript. Id. This can be waived mutually by both parties, but if it [...]
The sequestration of expert witnesses falls under Georgia’s Evidence Rules, § 24-6-615. Ga. Code Ann. § 24-6-615 (West 2017). This rule requires the court to exclude a witness from hearing another witness’s testimony if a party requests or the court orders on its own. Id. The rule has three exceptions of individuals that cannot [...]
Discovery regarding expert witnesses is governed by Texas’s Rules of Civil Procedure, Rule 192. Tex. Civ. Prac. & Rem. Code Ann. § 192.3 (West 2017). This rule governs the scope of discovery and provides that anything that is not privileged and is relevant is discoverable. Id. In regard to experts specifically, the statute does [...]