Law Practice,
Appellate Practice
Aug. 15, 2022
Using the undisclosed expert witness at trial
We had a witness that was competent to interpret the test results and provide testimony concerning the fact that formed the basis of the opinion we wanted to challenge; however, we knew we could not get one of our existing experts to testify at trial beyond the scope of their deposition testimony.
In the last month before the pandemic, I completed a jury trial where I had to use a previously undisclosed expert. This was an expert intensive case where the depositions proceeded close to trial and well after the designation and exchange.
As a result of the various experts' schedules, a key defense expert was the last to be deposed. One of the "facts" he relied on was that the soil underlying the subject property was highly expansive. H...
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