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advocacy community education
18
upon request by the opposing party,
produce to all parties all materials you
obtained, created, and/or relied upon in
connection with your opinions in the
case, within 14 days before your depo-
sition or such other time as ordered by
the court or agreed upon by the parties.
Unless otherwise ordered by the judge
for good cause, or agreed on by the
parties, your fees and expenses for
your deposition, excluding preparation
time, must be paid by the party taking
your deposition. The amount can
include only a reasonable fee for your
time to attend the deposition, your trav-
el time to and from the deposition, and
reasonable expenses you incur for
travel to and from the place of deposi-
tion and necessary lodging.
If you and retaining counsel do not
comply with all these requirements
regarding disclosure to opposing
counsel, the judge can preclude your
testimony, but only after a hearing,
and only if the judge finds that preclu-
sion is proportional to the noncompli-
ance at issue, taking into considera-
tion the consequence to the party
offering your testimony if it is not
allowed, and whether the noncompli-
ance at issue can be adequately
addressed by a less severe sanction
or combination of sanctions.
One example of such a "sanction"
would be to allow opposing counsel to
take your deposition during a break in
the trial, at the expense of the party
whose lawyer retained you.
State and Federal Rules
Governing Whether Your
Expert Testimony is Admissible
Even though the rules in state and fed-
eral court in Connecticut differ as to
which of your communications with
retaining counsel are protected and as
to disclosure requirements related to
your opinions, the standard for the
admissibility of your opinions at trial is,
for all practical purposes, the same.
The trial judge in both state and feder-
al court acts as the gatekeeper to
determine whether your expert opin-
ions are admissible. It is for the judge
to decide whether you have the neces-
sary qualifications to testify as an
expert, whether your testimony will
assist the judge (and the jury, if a jury
New Rules for Expert Testimony
(continued from previous page)
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