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Monday, May 12, 2014

Party Identity of Expert Witnesses

Judge Robert McGahey sent a National Law Journal article to me earlier today and recommended linking to it on the blog. Because I believe in following the good judge's advice, I have read and linked the article, a column by Robert L. Byman entitled When Your Expert Becomes Their Expert.

Byman's column is a thought-provoking look at what happens when your expert witness has an opinion that the other side would like to use in its case. Byman points out that after an expert witness report is filed, it belongs to either side, and either side can call the witness. He recommends some practical tips for both sides in dealing with the situation. I won't spoil your enjoyment of the column by listing them here. In case you missed it, here's a link to his column: When Your Expert Becomes Their Expert. To access the article, if you do not already have a NLJ subscription, you'll have to provide some information that permits you to access 5 articles for free each month.

It's an excellent column. In addition to addressing the issue about party identify of expert witnesses, Byman's column is a great example of why it is important to know the rules in litigation. It takes me back to my law school days, when I took Civil Trial Practice from a distinguished litigator at one of the prominent law firms in the area. He had a large soft-bound volume containing the rules of civil procedure and evidence, with commentary, and he would often hold it up and remind us that lawyers who know the rules prevail at trial.

--Chris Behan

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