Experts
Author | William M. Audet/Kimberly A. Fanady/David Ling Y. Kuang |
Pages | 347-388 |
EXPERTS
12-1
CHAPTER 12:
EXPERTS
TASKS
Task 70 Determine Whether to Retain Experts
Task 71 Find and Retain Experts
Task 72 Maximize Use of Experts
Task 73 Make Expert Disclosures
Task 74 Propound Expert Discovery
Task 75 Respond to Expert Discovery
Task 76 Notice Expert Depositions
Task 77 Prepare Experts for Depositions
Task 78 Depose Experts
Task 79 Supplement Expert Discovery
FORMS
Form 24 Expert Witness Disclosure
EXPERTS
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EXPERTS
12-3 Determine Whether to Retain Experts Task 70
TASK 70
Determine Whether to Retain Experts
I. WHAT AND WHY
A. An expert is someone with knowledge, skill, experience, training or education in a particular area. See FRE
702; United States v. Goxcon-Chagal, 885 F. Supp. 2d 1118, 1133 (D.N.M. 2012) (“Rule 702 uses a liberal
1. Testifying experts:-
cialized knowledge at trial and/or through an expert report; or
2. Consulting experts: work with counsel to help develop a case theme, understand technical issues and
propound and respond to discovery. Bro-Tech Corp. v. Thermax, 2008 U.S. Dist. LEXIS 21233, at *11
II. WHEN
assistance. Aponte v. Royal Caribbean Cruises, Ltd., 2016 U.S. Dist. LEXIS 68371, at *5-6 (S.D. Fla. May
contra, Turner v. Hernandez, 2009 U.S. Dist. LEXIS
124523, at *83-84 (C.D. Cal. Sep. 18, 2009) (“While the record is clear that an arson expert was not retained
counsel with technical terms and concepts, helping prepare pleadings, shaping litigation strategy and assisting
in discovery. Escamilla v. Sms Holdings Corp., 2012 U.S. Dist. LEXIS 202533, at *4 (D. Minn. June 15, 2012)
See Task
Novak
v. Bd. of Trs.
III. HOW
A. Review the rules pertaining to experts.
LifeWise Master Funding v.
Telebank
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