The Mississippi Supreme Court is seeking public comment on proposed rule amendments that address discovery deadlines and expert witnesses in trial courts. The motion calls for extending the time for discovery from 90 to 180 days and allowing either party or the court no later than 30 days before trial to request a determination of the admissibility of an expert witness' testimony with a definitive ruling at least 10 days prior to trial.

The Mississippi Supreme Court Advisory Committee on Rules requested the changes. A copy of the petition and proposed rules are available online at http://tinyurl.com/rulesforcomment. Comments must be filed by Friday with the clerk of the Supreme Court, Gartin Justice Building, Box 249, Jackson MS 39205.

Excerpted from clarionledger.com.

Illinois House and Senate judiciary committee members heard testimony last week on two bills that would bring changes to limit the location where a lawsuit can be filed set qualifications for who can be considered an expert witness. Proponents of the expert witness bill say it would keep junk science out of the courtroom but Philip Corboy Jr., President of the Illinois Trial Lawyers Association says trial lawyers already work to avoid improper testimony.  PublicNewsService also reports:

"Junk science doesn't exist in the courtroom. Why? Because junk science ends up being found out as junk science by good cross examination, which is the purpose of a trial in the first place."...

Backers of the venue legislation say it would streamline cases by limiting a trial's location to the county where the reason for the lawsuit took place. But Corboy says there's a hidden agenda, as the bill would eliminate the ability to find a venue that is equally fair to both plaintiff and defendant.

In Report questions science, reliability of crime lab evidence, LATimes.com writes:

The National Academy of Sciences says many courtroom claims about fingerprints, bite marks and other evidence lack scientific verification. It finds forensics inconsistent and in disarray nationwide. 

The National Academy of Sciences report called for a wholesale overhaul of the crime lab system, which has become increasingly crucial to American jurisprudence.  Many experts said the report could have a broad impact on crime labs and the courts, ushering in changes at least as significant as those generated by the advent of DNA evidence two decades ago.

Recommendations from the scientific panel included requiring that expert witnesses and forensic analysts be certified by the new agency, and that labs be accredited. 

Tony Link, a Mesa County, CO, attorney told District Judge Brian Flynn that budget constraints at the state level could impact the defense in a murder case. Link was appointed to represent 33-year-old Charles McEachern who is charged with first-degree murder and child abuse resulting in the death of 3-year-old Miranda Bacathat.

Link says the state-funded Office of Alternate Defense Counsel (ADC) may soon start “limiting” dollars available to hire expert witnesses to testify at trial. GJPress also reports Link said he was made aware of the situation in a recent conversation with the local representative of the ADC program. “Potentially, it can impact how we approach cases,” the attorney said after a hearing. “ADC has been very fair in making sure people get a good defense.”

In Hawaii Wrongful Death Claim, attorney Wayne Parsons writes on the evidence needed to prove fault in a wrongful death case:

In order to win a wrongful death lawsuit, you must be able to prove that the person accused of wrongful death had an obligation or duty to act in a certain way, and by failing to do so, caused the victim's death.

The burden of proof in wrongful death cases is a "preponderance of the evidence." This means you only have to show that it is more likely than not that the defendant's actions led to the death of your loved one. This is considerably less than the burden of proof in a criminal case, where you need to prove guilt "beyond a reasonable doubt."

Evidence needed to prove fault in a wrongful death case includes testimony from witnesses who saw the incident, wrote medical reports, engineering expert reports and police reports. In cases involving medical malpractice, boating accidents, defective products, vehicle safety, or construction site safety, you will also need testimony from an expert witness.

Excerpted from InjuryBoard.com.

In Key Factors In-House Counsel Need To Know When Selecting A Forensic Expert, John J. Scott and Hutch Hubbard write:

Although experienced expert witnesses are quite familiar with the requirements of Daubert and the Federal Rules, it is important for corporate counsel to remain aware of the issues. This is of particular importance throughout the selection process.

Your expert should provide full disclosure as to theories and methodology in preparing his or her report. There may not be an opportunity to supplement a report that provides too little at the onset. Discuss with your expert whether the work described in his or her report could be duplicated by another expert in the same field. Finally, ensure that your expert is thorough in disclosing all of the material considered, and ask your expert to address the obvious objections by specifying the reasons competing techniques were rejected, and why they deemed unhelpful or otherwise did not rely on data that might have been considered pertinent.

For more, see MetropolitanCorporateCounsel.

The expert witness referral service ForensisGroup strives to provide the best experts available for their clients and insure that the expert retention process is streamlined. As a result, they have developed a unique four-pronged approach to client services.

Third, at the conclusion of every job, our Director, Mercy Steenwyk, personally contacts each client and actively solicits feedback on the performance of their retained expert and on the retention process, so that we can continue to improve our client services model.

More to come regarding hiring an expert witness.

The expert witness referral service ForensisGroup strives to provide the best experts available for their clients and insure that the expert retention process is streamlined. As a result, they have developed a unique four-pronged approach to client services.

Second, a case-manager is assigned to every case and it is their role, through the duration of the job, to regularly initiate contact with the clients and experts to ascertain that tasks are proceeding according to schedule and that there are no unresolved issues.

More to come regarding hiring an expert witness.

The expert witness referral service ForensisGroup strives to provide the best experts available for their clients and insure that the expert retention process is streamlined. As a result, they have developed a unique four-pronged approach to client services.

First and foremost, the people at ForensisGroup are always available to listen, provide feedback, and facilitate communication between clients and the experts / consultants. They work to ensure that the clients’ needs are met and to handle the paperwork matters which can otherwise distract the client and the consultant.

More to come regarding hiring an expert witness.

ForensisGroup, Inc. Director Mercy Steenwyk advises legal professionals to keep these things in mind when looking at expert resumes, curriculum vitae (CV’s), and profiles:

1) Many areas of expertise might be satisfied by a range of disciplines. 

Depending on the circumstance and the investigatory aims, fire cause and origin investigations may call for scientists, engineers, or skilled technicians in the building trades. Similarly, a given mold issue may be resolved by a medical toxicologist, general physician, environmental or occupational health expert, architectural engineer, or general contractor.

2) The only way to know for sure what areas of expertise an expert has is to speak with them.

No profile or resume is capable of summing up a lifetime’s professional experience. It is always beneficial to let us put you in touch with experts whose unique understanding and experience might favorably impact the outcome of your case by illuminating the technical issues involved.