There are many websites that will give you access to multiple legal resources.
However, we have limited this page to relevant sources that relate specifically to
experts. The links below will take you to various legal provisions in relation to
expert witnesses and consultants on both federal and state levels. They are highly relevant
to experts and the attorneys who retain them. All documents are in Acrobat(.pdf)
format. We always welcome any suggestions for inclusion - please
email us.
Useful Articles
'Expert Witnesses - How to Select & Use Them and Deal With Daubert Challenges'
In-depth paper written by a leading attorney specializing in complex torts.
The paper analyzes the caselaw that has developed around experts whilst giving
practical advice on expert selection.
'Communications With Experts'
This article, again written by a leading attorney, discusses the potential pitfalls
in communicating with your experts against the backdrop of 'disclosure cases' such as Trigon.
'Tips For Working With Expert Witnesses'
Although this concise article was written by attorneys with intellectual property litigation
in mind, it contains very useful information and sound advice for anyone retaining an expert.
United States
Court Opinions & Decisions
Whilst there are a number of relevant decisions pertaining to experts, in our view the following
cases are the most significant:
Supreme Court:
West Virginia Univ. Hospitals, Inc. v. Casey, 499 U.S. 83 (1991)
Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 (1993)
General Electric Co. v. Joiner, 522 U.S. 508 (1997)
Kumho Tire Co. v. Carmichael, 526 U.S.137 (1999)
U.S. Courts of Appeals:
Tyus v. Urban Search Management, 103 F.3d 256 (7th Cir.1996)
SMS v. Digital Equipment Corporation, 188 F.3d 11 1st Cir.1999)[Extract]
Micro Chemical, Inc. v. Lextron, 317 F.3d 1387 (Fed.Cir.2003)
Federal District Courts:
Trigon Ins.Co. v. United States, 204 F.R.D. 277, 2001 (E.D.Va.Nov.9, 2001)[Summary]
Federal Rules
Federal Criminal Procedure Rules:
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Rule 12.2,
Rule 15,
Rule 16 |
Federal Civil Procedure Rules:
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Rule 26,
Rule 45 |
| Federal Evidence Rules: |
Rule 401,
Rule 402,
Rule 403,
Rule 612,
Rule 701,
Rule 702,
Rule 703,
Rule 704,
Rule 705,
Rule 706,
Rule 803(18)
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State Evidentiary Rules, Codes & Statutes
Canada
Federal Rules
Tax Rules
Court Rules:
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