What is Expert Witness Designation Fee?

Designation Fee

Expert witnesses spend years acquiring the knowledge, expertise, and skills that make them experts in their fields. As such, it is not surprising that expert witnesses expect to be compensated for their time and knowledge.  Some expert witnesses request a retainer or an upfront monetary deposit (sometimes non-refundable) in order to secure their services. For … Continued


Case Study: Can We Add an Expert? It’s Only Been a Year and a Half

A nuclear utilities company brought an action alleging breach of contract by the government for disposal of spent nuclear fuel and the fees involved. The utilities moved for permission to designate an additional expert and fact witness and to amend the pretrial schedule. More than 18 months ago, the plaintiffs, a nuclear utilities company (“SFI”), … Continued


The Quest for the Truth

Over the years, finding a reliable form of lie detection has been the subject of much debate. Today I’m going to address the potential impact that improved scientific methods of credibility analysis will have on litigation. There are some scholars who argue that using an expert witness to provide the jury with an opinion about … Continued


The Many Benefits of Early Intervention Mediation

Every day, shiny new cases arrive in court, ready to be resolved, only to gather dust during discovery and languish for years as the courts’ overstuffed dockets bring everything to a rush-hour stand-still. Then, at some point in this drama, the court schedules a judicial conference to discuss ways of settling this 100-years war, a … Continued


The Admissibility of Expert Witness Evidence in Class Action Suits

Class action lawsuits are not only a very common form of civil litigation but, to many law firms and attorneys, they represent the majority of their cases. Accordingly, since the Supreme Court has, in the past two years, considered and reconsidered the relevance and admissibility of expert evidence in class actions, every civil litigator should … Continued


When the Experts Cite Experts Paid by Your Opponent

Once in a while, I come across a report of a case from which I am reminded of the simple things that should be done in every case.  Recently, I read about a case in which the court-appointed expert witness cited references of studies commissioned by one of the parties to the case.  A motion … Continued


When Expert Witness Agrees with the Lay Person

A client comes to you and says the injuries are related to an event.  You conduct a preliminary review and find the scenario sufficiently credible to warrant offering the retainer agreement and starting work.  And when you involve the expert witness, you hear him say that your client had it right. Is the expert witness … Continued