Who pays the expert for Daubert hearings?
Not the opposing party says the Fifth Circuit....
From BullsEye Newsletter: JUNE 2007, Robert Ambrogi, Editor
A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. "A Daubert hearing is not a discovery proceeding but an evidentiary hearing designed to screen expert testimony," the court reasoned.
The ruling came in a toxic tort case in which the 5th Circuit also upheld the trial court's exclusion of expert testimony linking the toxic chemical benzene to plaintiffs' cancers. The court said, although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing.
This something for all parties to be aware of....
From BullsEye Newsletter: JUNE 2007, Robert Ambrogi, Editor
A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. "A Daubert hearing is not a discovery proceeding but an evidentiary hearing designed to screen expert testimony," the court reasoned.
The ruling came in a toxic tort case in which the 5th Circuit also upheld the trial court's exclusion of expert testimony linking the toxic chemical benzene to plaintiffs' cancers. The court said, although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing.
This something for all parties to be aware of....
Labels: courts on experts, Daubert
posted by The Experts @ 11:25 AM
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