Christine Funk

Unlike fact witnesses, experts are allowed to offer opinions on things that are relevant to the case at hand. When offering direct testimony of an expert witness, an attorney should not only consider how they will get the information before…

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the petitioners, the parents of two minor children, sought to sue Merrell Dow on the grounds that their use of a prescription anti-nausea medication, Bendectin, during pregnancy, caused their children’s birth defects.  The…

The Federal Rules of Civil Procedure dictate the prerequisites for class actions.  Class actions are limited to those cases wherein the following prerequisites have been met: The class is so numerous that joinder of all members is impracticable There are…

When an attorney is working with an expert witness who has not testified before, either in a deposition or at trial, there are a few areas of consideration an attorney should be particularly mindful of. While some of the suggestions…

In many lawsuits, an expert witness is a necessary component.  Without an expert providing information on how and why something went wrong, or what the generally accepted standard of care is in their particular realm of expertise, juries may have…

A subpoena duces tecum is a subpoena for tangible objects.  This may cover records, notes, a document tracking hours, or an actual item of potential evidence, such as a defective electric knife.

A “hired gun” refers to the sort of expert witness who is willing to offer and, if necessary, testify, to whatever expert opinion that advances the hiring attorney’s case theory. If your intention is to avoid inadvertently retaining a hired…

    When neither side actually retains a named expert, the courts rarely require non-retained witnesses to testify.  However, it can happen in certain, rare circumstances.   When the issue does present itself, the Rules of Civil Procedure, along with caselaw,…

Depending on the jurisdiction and the nature of the case, the methods employed for the discovery of expert witnesses may include interrogatories, depositions, informal meetings, phone calls, or email exchanges. But before you get to discovery, you must determine whether…

When approaching a case wherein expert witnesses may be of use, or even required, attorneys should proceed with caution. There are many ethical considerations that must be addressed when locating, retaining, and dealing with experts. For the purposes of this…