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Expert Witness Rules, Laws and Procedure in Wisconsin

Wisconsin Rules Regarding Expert Witness Depositions and Interrogatories Under section 804.01(2)(d)(1) of the Wisconsin Code, experts that a party expects to call a trial may be subject to deposition. The Wisconsin Code does not impose a specific time limit on such depositions, but section 804.05(2)(b) provides that the court may increase or decrease the time [...]

By |2023-07-06T11:28:50-04:00September 10th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Rules, Laws and Procedure in Wisconsin

Expert Witness Rules, Laws and Procedure in Tennessee

Tennessee Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 26.02(4)(A)(ii) of the Tennessee Rules of Civil Procedure, experts that a party expects to call a trial may be subject to deposition. The Tennessee Rules to do not specify a time limit for depositions, but Rule 30.02(3) provides that the court may increase or decrease [...]

By |2023-07-06T11:29:00-04:00September 10th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Rules, Laws and Procedure in Tennessee

Expert Witness Rules, Laws and Procedure in Missouri

Missouri Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify. The Missouri Rules to do not specify a time limit for depositions, but Rule 57.03(b)(2) provides that [...]

By |2023-07-06T11:29:07-04:00September 10th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Rules, Laws and Procedure in Missouri

Expert Witness Rules, Laws and Procedure in Minnesota

Minnesota Rules Regarding Expert Witness Depositions and Interrogatories  Under the Minnesota Rules of Civil Procedure, experts are generally not subject to deposition, whether or not they are expected to testify at trial. Instead, the Rules provide for discovery of the opinions of experts through interrogatories and expert reports, as described in more detail below. The [...]

By |2023-07-06T11:29:16-04:00September 10th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Rules, Laws and Procedure in Minnesota

Expert Witness Rules, Laws and Procedure in Maryland

Maryland Rules Regarding Expert Witness Depositions and Interrogatories  Under Maryland Rule 2-402(g)(1)(A), experts that a party expects to call a trial may be subject to deposition. Rule 2-411 requires a party to obtain leave of court to take a deposition that will last longer than one seven-hour day. Experts generally may not be subject to [...]

By |2023-07-06T11:29:25-04:00September 10th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Expert Witness Rules, Laws and Procedure in Maryland

Medical Expert Witnesses Testifying in Florida

If you are a physician who is not licensed in Florida and plan to testify in Florida you will need to apply for an “Expert Witness Certificate”.  The good news is that the fee is only $50 and the process is relatively easy to complete. Here is some additional information on the process: The Department [...]

By |2023-07-06T11:29:36-04:00August 14th, 2015|Blog, Expert Witness Laws/Procedure|Comments Off on Medical Expert Witnesses Testifying in Florida

Forensic Psychiatrists: Daubert Challenges

Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time [...]

By |2023-07-13T10:46:32-04:00July 8th, 2015|Blog, Expert Witness Practice Development/Management, Opinions, Testimony|Comments Off on Forensic Psychiatrists: Daubert Challenges

Expert Witness Methodology: Alternative Design

Can an engineering expert witness offer his alternative design opinion without performing research and testing? The court in ELAINE BENJAMIN, v. THE FOSDICK MACHINE TOOL COMPANY, No. 11-CV-00571-JJM. United States District Court, W.D. New York. April 22, 2015 dealt with the plaintiff who got her hand entangled in a spinning reamer tool attached to an [...]

By |2023-07-06T11:30:55-04:00June 11th, 2015|Blog, Expert Witness Practice Development/Management|Comments Off on Expert Witness Methodology: Alternative Design

Expert Witness Cross-Examination: CV

Can an expert witness be cross-examined about inconsistencies in his CV in a criminal child abuse case? A Florida court, in the case of KAREEM DANIEL FARRELL, v.  STATE OF FLORIDA, No. 4D13-2589, May 13, 2015 held he should. The court stated: Appellant next called Dr. Lloyd, a biomechanist with the Department of Veterans' Affairs. [...]

By |2023-07-06T11:31:04-04:00June 10th, 2015|Blog, Testimony|Comments Off on Expert Witness Cross-Examination: CV

Medical Malpractice: Informed Consent

Expert medical testimony regarding undisclosed medical risks that had not materialized is proper in a medical malpractice informed consent case. The Supreme Court of Tennessee in the case of White v. Beeks No. V07554 (May 18, 2015) dealt with: Ike J. White III, aged nineteen, had suffered from back pain for over a year. His [...]

By |2023-07-13T11:24:08-04:00May 28th, 2015|Blog, Opinions|Comments Off on Medical Malpractice: Informed Consent
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