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  1. #1

    Default 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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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