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markumn

Junior Member
What is the name of your state? TN

I have retained the services of an attorney. I have paid all fees to date. We have one last obstacle to end the discovery phase. That is the expert witnesses. My attorney informed me that he does not know of an expert in the field that is needed for my case. I asked him if I could find one on my own and pay for it myself. He said that would be fine. It took some time, but I located 3 experts.

My attorney has received the findings and work experience of the experts. He said that their findings are just what we need. He also told me that after he reads over their work experience, he will decide whether or not to use them. What I need to know is if the experts do not have any trial experience, can they still be used as experts? If my attorney concludes that one out of the three experts does not have enough experience, can I insist that he use that expert along with the other two? Do I have the right to use an expert even though my attorney does not want to use him?

Any help would be a lot of help. It's been a long road.
Thanks
 


badapple40

Senior Member
markumn said:
What is the name of your state? TN

I have retained the services of an attorney. I have paid all fees to date. We have one last obstacle to end the discovery phase. That is the expert witnesses. My attorney informed me that he does not know of an expert in the field that is needed for my case. I asked him if I could find one on my own and pay for it myself. He said that would be fine. It took some time, but I located 3 experts.

My attorney has received the findings and work experience of the experts. He said that their findings are just what we need. He also told me that after he reads over their work experience, he will decide whether or not to use them. What I need to know is if the experts do not have any trial experience, can they still be used as experts? If my attorney concludes that one out of the three experts does not have enough experience, can I insist that he use that expert along with the other two? Do I have the right to use an expert even though my attorney does not want to use him?

Any help would be a lot of help. It's been a long road.
Thanks
Are the experts repetetive? I'm not sure about TN, but in Ohio and KY, and in federal court throughout the country, the evidence rules allow the exclusion of testimony that is repetetive. Your attorney may be looking for the expert that is least likely to be impeached. Were it me, I'd be looking for the expert who seems the most balanced and has the best credentials. If your experts all are going to say the same thing, then I would think your attorney is correct in only picking one or two.
 

You Are Guilty

Senior Member
I think the concern is whether these people who have never testified before can get qualified as "experts", not whether they are repetitive. In which case, it can't hurt to have one or two of them as "backup" in case the first choice isn't certified as an expert in whatever field you're using him in.
 

markumn

Junior Member
TN

I would like to say thanks for the responses. All 3 experts have come to basically the same conclusions. However, the 3 different experts are in 3 different fields of expertise. My main question is that even though my attorney may decide to eliminate one of the experts when we go to court, do I have the right (or would it do any harm) to at least ask that he show the defendant the findings of all 3 experts?
 

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