The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Monday, December 06, 2004

Thorny legal issues concerning expert witnesses (12.6.04)

Can a judge bar an expert witness from testifying in their court for life?

That is the question facing a expert witness in GA today.

As reported in the professional section of American Medical News and Daubert on the web's Blog 702, a medical doctor is facing a lifetime ban on providing expert witness testimony by a GA state judge. According to the reports, the judge banned the expert because he found the expert's testimony to be "conflicting, lacking in credibility and apparently untruthful." The judge was also apparently concerned about the fact that the doctor recanted significant portions of the prior deposition testimony that he had given in the case.

The legal commentators at Blog 702 and several other legal commentators mentioned in the AMN article, seem to think that the legal precedent for the judge's life ban is shaky.

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