Posts discussing laws and court precedent regarding expert witnesses.
Arkansas Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A)(ii) of the Arkansas Rules of Civil Procedure, any expert expected to testify at trial may be subject to deposition. There is no presumptive time limit for depositions in Arkansas like there is under the Federal Rules and in many other states. Rule 30(d)(2) of [...]
Arizona Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Arizona Rules of Civil Procedure, a party can depose any expert who might testify at trial, and under Rule 30(d), depositions generally cannot exceed four hours. See also State ex rel. Willey v. Whitman, 370 P.2d 273, 277 (Ariz. 1962) (explaining that [...]
Alaska Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4) of the Alaska Rules of Civil Procedure, experts whose opinions might be presented at trial may be deposed. Most such experts are required to submit reports under Rule 26(a)(2)(B), and a party may not depose such an expert until this report is provided. Experts [...]
Alabama Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(5)(A) of the Alabama Rules of Civil Procedure, a party may generally only obtain discovery of the information and opinions of experts expected to be called at trial by interrogatories directed to the opposing party. Through these interrogatories, a party can require its opponent to [...]
Find out which states require medical expert witnesses to be actively practicing in order to serve as an expert witness. States which require active clinical practice for a physician to testify as an expert witness in medical malpractice cases generally allow physicians to fulfill this requirement through teaching in a licensed medical program. There are [...]
Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as: Board Certification Licensure Not being a full-time “Professional Witness” Current or recent clinical practice or teaching or research experience Same specialty as defendant Licensure from a state requiring same or greater [...]
The role of an expert witness can differ dramatically depending on the forum they are testifying in (i.e. trial, arbitration, or mediation.) Information technology expert witness Brooks Hilliard explains. Q. Mr. Hilliard, how is the expert witness’s role different at arbitration and mediation? Unlike arbitration (or trial testimony) the expert’s role in mediation generally does [...]
The Supreme Court of the State of Oklahoma (Ellison v. Campbell, Case # 108468, March 11, 2014) has upheld a $408,000 verdict against an expert witness for breach of contract. The expert was accused of and admitted at deposition to substandard performance in preparing expert materials in the underlying litigation. The damages were calculated as [...]
When can expert witnesses be impeached with their prior criminal conviction? Federal Rule of Evidence 609 provides: (a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more [...]
Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION - EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me [...]