New York Designation of Expert

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Designation of Expert
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FAQ

§ 2034(f).) This disclosure requires you to provide the name and address of any experts you intend to call at trial, and you must provide a declaration identifying the ?general substance? of the expert's testimony for particular types of experts. (Code Civ.

Of course, in any case where a testifying expert prepares a report, the report is discoverable by law. However, drafts of the report are protected by Fed.R.Civ.Pro. 26 (b)(4)(B). Communications between an expert witness and the party's attorney are also protected, under Fed.R.Civ.Pro.

A person who is designated as an expert witness must be qualified on the subject of their testimony. See Federal Rule of Evidence 702. The court serves as a ?gatekeeper? to screen out experts who are unqualified, their expertise is irrelevant to the facts at issue, or their methods are unreliable.

(c) In a criminal case, while an expert may rely upon hearsay statements in formulating an opinion, the constitutional right of confrontation precludes the expert from testifying on direct examination to a statement made by a person who was not available for cross-examination.

SECTION 720-723 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.

(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand.

Reports are not exchanged and no depositions are held.

§ 2034(f).) This disclosure requires you to provide the name and address of any experts you intend to call at trial, and you must provide a declaration identifying the ?general substance? of the expert's testimony for particular types of experts.

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New York Designation of Expert