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Defense Medical Examinations – When Are They Allowed?
There is no automatic right to have an injured party examined by a doctor hired by the defense. Indiana Trial Rule 35(A)[1] requires the Defendant establish “good cause” for a requested medical examination. Stuff v. Simmons, 838 N.E.2d 1096, 1103-1104 (Ind. Ct. App. 2005), citing with approval, Womack v. Stevens Transport, Inc., 205 F.R.D. 445, →
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Misbehaving and Dealing with the Same During a Deposition
Depositions are legal proceedings which are not typically officiated by a court officer. During such affairs attorneys can behave quite badly. Such behavior can range from simple rudeness to conduct that borders on criminal conduct such as threats of bodily harm or emotional charges to go outside and handle the matter like a man. Needless →
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Readying Your Experts for Traps and Tough Questions
Depositions are dangerous time for your expert. Dangerous traps lies just around the corner. You cannot relax. Here are some thoughts on this important topic. 1. Tendencies of your expert: If you can obtain and read past depositions of your expert to see not only what type of questions are asked but how he reacts. →
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Guarding Your Expert from Aggressive Counsel
Preparation is your greatest tool to avoid problems caused by difficult or agressive attorneys. Ultimately, once you are at the deposition there is little you can do without risking sanctions. Harassing behavior. If an attorney engages in ongoing harassing behavior which is truly beyond the pale, call the magistrate of court and have a →
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Expert Witness Reports – Avoiding Litigation Sand Traps – What They Should and Should Not Include
You have hired an expert and are in need of a report or findings for you expert disclosures. What do you do? Here is a short checklist of things to consider: 1. Compliance with Federal Rule of Civil Procedure 26. This probably is a good place to start. The Rule provides in pertinent part →
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Proper Objections at Your Expert’s Deposition
Palais de justice historique de Lyon, France Objections should be kept to a minimum. The Rules contemplate that objections should be concise and afford the examiner the opportunity to cure the objection. See Fed. R. Civ. P. 30(c)(2) (noting that “objection[s] must be stated concisely”); id., Advisory Committee Notes (1993 Amendments) (noting that “[d]epositions →
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Discovery, Privacy, Personal Freedom and Social Media
I don’t see myself as a hero because what I’m doing is self-interested: I don’t want to live in a world where there’s no privacy and therefore no room for intellectual exploration and creativity. Edward Snowden There is an assault on our privacy. We need look no further than headlines involving Russian hacking of our →
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The Case Against Experts in the Courtroom
“If you can’t explain it to a six year old, you don’t understand it yourself.” Albert Einstein I have always thought it is unclear whether Indiana Rule of Evidence (IRE) 615 applies to depositions. IRE 101(C) states: Rules Inapplicable. The rules, other than those with respect to privileges, do not apply in the following situations: →
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The Barrister's Toolbox 