Wednesday, March 29, 2006

He Who Lives by the Reasonable Extension of Time . . .

You need an extra couple of weeks to get your expert reports together. You call opposing counsel, who grants your request as a routine courtesy.

Have you just unwittingly granted opposing counsel a reciprocal extension? Apparently so, at least in West Virginia.

posted by pn at 7:48 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.