Federal Jurisdiction & Procedure.docx

Witness retained or specially employed to provide

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Witness retained or specially employed to provide expert testimony in the case; and 2. Witness whose duties as party’s employee regularly involved giving expert testimony. 3. Content of report : statement of opinions and bases/reasons for them; facts/data used; qualifications; cases he testified as expert in during prior 4 years; statement of compensation ( Daubert stuff). a) Protected/excluded – (1) drafts of written report or required disclosures, regardless of form, and (2) communication b/w party’s attorney and any expert witness required to provide report, regardless of form, with b) 3 exceptions : 1) Compensation communications. 2) Facts/data provided by attorney that expert used in forming opinions he’ll express. 3) Assumptions provided by attorney that expert relied on in forming opinions. c) Other types of experts party may use at trial – no report required, but must disclose: expert ID, subject matter on which expected to present evidence; summary of facts/opinions on which expected to testify. iv. Deposition of expert witness – party may depose any person ID’ed as expert whose opinions may be presented at trial; if report required – may only depose after report provided. v. Timing of disclosure – must make at least 90 days before trial date, unless evidence intended solely to contradict or rebut evidence on same subject matter ID’ed by another party (30 days after party’s disclosure ). 2. Traditional discovery devices – court may limit discovery methods if overly burdensome or unfair . a. Limitations on scope of discovery – limited to matters “relevant to claim or defense of any party,” unless court orders discovery of “any matter relevant to subject matter involved in the action” for good cause . b. Rule 26(f) discovery conference – mandatory; must occur at least 21 days before R16 scheduling conference (i.e., discovery conference occurs w/in 99 days after complaint served). i. No discovery permitted before, unless court order. c. Depositions – oral examination or through written questions. i. Presumptive Limit – 10 depositions per side , unless leave of court; may be modified through party agreement or judicial order. 1. Each depo limit – 7 hours, unless court authorizes o/w; parties may stipulate around the limit. ii. Timing – cannot depose before R26 discovery conference. iii. Use – contradict or impeach deponent at trial; for any purpose if: 1. Party – (1) deponent is a party or (2) deponent is an officer, director, managing agent, or person
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designated to testify on behalf of organization that is a party. 2. Witness – (1) dead by trial time, (2) more than 100 miles from place of trial, (3) outside US (unless absence procured by party offering the deposition), (4) unable to attend or testify at trial b/c age, infirmity, or imprisonment, or (5) party unable to procure witness attendance by subpoena. iv. Procedure to obtain deposition – initiate by filing notice of deposition and serve all counsel by mailing notice .
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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