Historically in the United States, witnesses are afforded immunity when testifying in judicial proceedings. The 4th Circuit Court of Appeals has further affirmed this doctrine in a recent decision establishing that expert witnesses squarely fall within the scope of these…
As any expert is well aware, the debate between Daubert versus Frye as the standard for expert witness admissibility is ongoing throughout the United States. While the federal courts follow the Daubert standard, a number of state courts have adopted…
Choosing the right expert witness can exponentially increase your chances of a successful outcome at trial. But like in any other professional relationship, things can go wrong. Whether these issues stem from disagreements over substantive testimony or are simply due…
The CCP lays out how to calculate deadlines, which information must be exchanged, and in what fashion. As such, it provides specific guidance to parties in California state courts regarding several aspects of the expert witness process. Rules for exchanging…
As a case unfolds, expert witness opinions and reports don’t always reveal precisely the answers their respective parties hoped to see. In some cases, one side’s expert witness may actually come to conclusions that better support the opposition’s argument.…
Expert witnesses are so frequently relied on in civil, and even criminal, litigation. But how does an attorney navigate the complicated waters of working with an expert witness, balancing when and whether to share information from the client? Can a…
When admitting expert testimony in federal court, establishing that the witness’s testimony is both reliable and relevant is only half the battle. It is just as important to know the opinions to which an expert cannot attest. Governed by the…
When a person answers questions under oath during a deposition or trial, the person is generally referred to as a “witness” and their statements as “testimony.” Yet whether the person is categorized as a lay witness or an expert witness…
In some jurisdictions, the attorneys do not have a choice about whether or not to allow jurors to ask questions of expert witnesses. In other jurisdictions, it is permissible but judges are not required to allow it. States that allow…
Over the past fifteen years, summary judgment motions filed by defendants in medical malpractice cases have experienced an increased likelihood of success, with the crux of the motion dependent upon expert opinion. Generally, summary judgment motions must show that there…