Double Duty: Plaintiff's Doctor As Expert Witness

Law360, New York (September 12, 2011, 12:25 PM EDT) -- Modern litigation has seen a dramatic rise in the use of expert witnesses. The Federal Rules of Civil Procedure have changed over the years to keep pace with changes in the litigation climate. Prior to the 1993 amendments, there was no right to take the deposition of an expert retained to testify at trial. A party wishing to take a deposition of a trial expert had to seek leave of court. Expert opinions were to be discovered through interrogatories. See Sullivan v. Glock, 175 F.R.D. 497, 499 (D.Md. 1997)....

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