Legal Memorandum: Disclosure of Expert Testimony in VI

Issue: In the Virgin Islands, whether the settling defendant’s medical expert can be called to testify at trial?

Area of Law: Litigation & Procedure
Keywords: Expert testimony; Disclosures; Medical expert
Jurisdiction: Federal, Virgin Islands
Cited Cases: 749 A.2d 868
Cited Statutes: Fed. R. Civ. P. 26(a)(2)(A), 26(a)(2)(C), 26(b)(4); Rules 702, 703, or 705 of the Federal Rules of Evidence
Date: 05/01/2006

Fed. R. Civ. P. 26(a)(2)(A).  “[A] party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence.” 

Fed. R. Civ. P. 26(a)(2)(C).  “These disclosures shall be made at the times and in the sequence directed by the court.  In the absence of other directions from the court or stipulation by the parties, the disclosures shall be made at least 90 days before the trial date or the date the case is ready for trial or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party . . . , within 30 days after the disclosure made by the other party.

Fed. R. Civ. P. 26(b)(4).  A party may depose an expert retained by another party in anticipation of litigation who is not expected to testify at trial only upon a “showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.”

Additionally, the expert’s testimony may not be compelled.  “The opinion of an expert, as opposed to testimony of facts perceived, may not ordinarily be compelled against the expert’s wishes.   Ordinarily, a trial court should not permit the use by a party of another party’s videotape deposition of an expert witness.”  Likewise, “courts should not allow a party to use the opinion testimony […]

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