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Can an Expert Witness be Forced into Giving an Affidavit

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  • 01-31-2011, 05:59 PM
    John P. Leseganich, CPEA
    Can an Expert Witness be Forced into Giving an Affidavit
    I am being hired as an expert witness for an individual. The opposite side contacted me and noted that I was going to be an expert witness for this individual and wants me to give them an affidavit. Questions:

    Can I be foreced into giving them an affidavit?
    Can I request pay for the affidavit if given?
  • 01-31-2011, 06:13 PM
    jk
    Re: Can You Be Forced into Giving an Affidavit
    an affidavit attesting to what? I generally see a deposition performed. Not seeing what benefit an affidavit would be in this situation as you are a witness, which means you will be in court testifying.

    and sure you can charge, the guy that hired you. Read your contract with that person to determine what you agreed to.
  • 01-31-2011, 09:22 PM
    KeyWestDan
    Re: Can You Be Forced into Giving an Affidavit
    An affidavit is not admissible when the person is available to testify. I would not give them anything in writing unless your client says so. I don't understand what purpose an affidavit would serve. They normally would do a deposition to see what your testimony would be.
  • 02-01-2011, 07:54 AM
    Mr. Knowitall
    Re: Can an Expert Witness be Forced into Giving an Affidavit
    After you're contacted by the adverse party and asked for something, you should pick up the phone, call the lawyer who retained you and talk to the lawyer who retained you.

    The litigation is occurring in what state (or is it a federal court matter)?
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