Expert Witness News, Articles, Reports and Reference Documents

Jun 21 ’24 — The Federal Judicial Conference’s Advisory Committee on Evidence Rules is considering changes to the federal rules of evidence due to the advancement of Artificial Intelligence, especially with issues of deep fakes in evidence.

Dec 26 ’23 — Verbal retainers between attorneys and expert witnesses are non-standard fare, and in this instance, the expert is being sued for his $10K retainer, which he has refused to return.

Oct 2 ’23 — Amendments to the Federal Rule of Evidence 702, to “clarify and emphasize” judicial gatekeeping duties, are scheduled to take effect December 1, 2023. Those gatekeeping duties have been too often incorrectly applied by federal courts.

Jul 9 ’19 (Updated Aug 7 ’23) — More than a quarter century after the US Supreme Court adopted the Daubert standard, Florida’s Supreme Court has followed suit, becoming the 42nd state to do so, or at least to adopt a substantially similar standard.

Jul 29 ’22 — Presenting numerous treating physicians, in addition to a retained medical expert, does not violate Arizona’s so-called “One-Expert Rule”, the state Supreme Court has ruled, much to the satisfaction of the Arizona Medical Association.

Jul 25 ’22 — Substituting an expert witness after the close of discovery has been an unsettled issue of law in Nevada, according to the state’s Supreme Court, which has now adopted the federal standard, upholding the trial court’s opinion, generally.

Jul 21 ’22 — A photogrammetry expert witness’ opinion, allowed by the trial court, found inadmissible by Maryland’s Court of Special Appeals, has been found admissible by the state’s Court of Appeals, which re-instated the Defendant’s murder conviction.

Dec 13 ’21 — An expert witness has successfully defended himself for refusing to testify in the case he was retained for, although perhaps a dubious success, given the costs of defending himself in district court, and then on appeal.

Dec 7 ’21 — Expert witnesses in personal injury claims are not necessarily required to inspect allegedly defective equipment, the SD Flordia has ruled.

Dec 2 ’21 — A claim against a pharmacist in dispensing the wrong medication is not necessarily a medical claim under Ohio’s Malpractice Statute, a U.S. district court has ruled, allowing a non-physician to testify as to the plaintiff’s injuries.