Are you about to go trial to dispute a will in West Palm Beach? If you plan on disputing the testamentary capacity then you may need to hire an expert witness. Do you know about the one expert per subject rule? You may want to make sure you pick the best expert but that can get expensive. Want to learn more about the one expert rule? Check out this new appeal out of the Third District Court of Appeal where a new trial was ordered when the rule was violated.
Expert Witnesses in West Palm Beach
- Do you know what an expert witness does?
- An expert witness is someone who testifies about something in a case even though they were not a relevant fact witness.
- There are a lot of rules that are different for experts compared to fact witnesses.
- For example an expert witness may rely on hearsay in forming their opinion and they may testify to matters in their “expert opinion.”
- Expert witnesses are also allowed to charge an hourly fee for almost anything they do.
- One rule that applies to both experts and non-experts is that Courts have to run efficiently.
- For that reason, they do not like cumulative (i.e.) repetitive evidence.
- Expert witnesses are limited to one per subject in West Palm Beach.
The One Expert Rule
- The one expert rule is not a blanket limitation on experts – it applies per subject to be discussed.
- Who decides if something is really two issues or just one meant for one expert?
- Usually the West Palm Beach judge in a probate case but what happens when a mistake is made?
- You may be on the hook for a whole new trial with even more expert fees coming.
Vargas v. Gutierrez
- This was an appeal from a medical malpractice action.
- One of the fact witnesses was supposed to be another treating physician of the plaintiff but the judge strictly forbid any expert testimony in order to avoid multiple experts talking about the same subject matter.
- Despite the judge’s ruling the plaintiff brought four witnesses that elicited expert testimony.
- On appeal the court reversed jury verdict and found that the doctor defendant had not been given due process at trial given the cumulative evidence.
Want to learn more about expert witnesses in West Palm Beach?
Check out the entire case by clicking here.