Monday, May 05, 2008

Designation With/Without Permission

In light of our recent discussion on being designated as an expert without being contacted/retained by counsel, this decision by state Superior Court Judge Raymond Batten is quite interesting. He was asked to disqualify an expert witness for the prosecution because the defense team had contacted him first. He denied that request because the expert was neither under retainer nor had any agreement to testify for the defense.

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