Expert Witnesses News & Reports
Expert Witness News, Articles, Reports and Reference Documents
Reports on, about and for expert witnessess, in and out of the courts.
This directory features reports on court decisions and statutory changes related to expert witneses and forensic consultants, including challenges to expert testimony, Daubert hearings and related matters
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Federal Rules Committee Still Reviewing AI Expert Witnesses
Aug 26 — After more than three years of review, the federal Advisory Committee on Evidence Rules has decided not to advance proposed Rule 707 artificial intelligence (AI) evidence, opting instead to gather further input.
Expert Witness Testifying About ‘Mortal Sin’ Leads to Call for Mistrial
Aug 26 — Massachusetts bars the use of religious beliefs from being used to attack or support the credibility of a witness, but that did not stop forensic psychologist Dr. Kirk Heilbrun, a prosecution rebuttal witness, from trying in the Lindsay Clancy trial.
Failing to Examine Plaintiff and His Records Gets Medical Expert Tossed
Aug 25 — Failing to examine a plaintiff, failing to review all of the plaintiff’s medical records, and citing "facially irrelevant" medical literature will can — unsurprisingly — get a medical expert witness tossed, as in this case.
Federal Rules of Evidence for AI
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.
Verbal Retainer — Litigation Surprise?
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.
Fed Expert Witness Rule Changes Set for December 1
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.
The States of Daubert after Florida
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.
Treating Physicians Don’t Count in Arizona “One-Expert Rule”
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.
Substituting an Expert Witness After Discovery: Nevada Adopts Fed Standard
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.
Photogrammetry Expert Testimony Admissible: Md Appellate Court
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.