Discussion: View Thread

Rhonda,

The only information that you need to provide is what a Rule 26 requires: Case caption, defense or plaintiff, type of case [ wrongful death, personal injury, product liability etc.], trial date or deposition date for the LAST 4 YEARS ONLY...SO YOU ARE CONSTATLY TAKING OFF CASES THAT FALL OFF THE 4 year mark.  No other information.  Also when attorneys request over board request, request an over the board retainer  [$10,000, $20,000, $30,000 etc. don't be bashful].  They do this because its just like the bogus phone calls you get on your cell...some folks just take orders and not say wait a minute buddy...you are being ridiculous...your file...but don't forget ...you need a protective covenant order by a judge for your test instruments to copy...which means just some of your file. ...good luck Rhonda.

Ronald T. Smolarski, M.A.

Certified Life Care Planner

Forensic Economist

Certified Functional Capacity  Evaluator

Vocational Expert

ron@beaconrehab.com

www.beaconrehab.com

(800) 821-8463

Ann Arbor Michigan, USA

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Rhonda,

Ron is correct about Rule 26. It requires listing depositions or trials over the last 4 years, not 5 or 10. It also says specifically depositions and trials, not hearings or arbitrations. Leave out hearings and arbitrations. Constantly update your testimony list by adding and deleting. Follow the Rule 26 and we should all have the same methodology on this.

These kinds of ridiculous requests occasionally come up from attorneys. You have to be paid for your time. I calculate the time needed to find, copy, and potentially produce all of these documents, if I have them. Then I create an invoice at my professional rate to do the work and an allowance of at least 30 days to do it. I require prepayment to start the process. The invoice states that the work will commence upon receipt of the payment. So to research 10 years of work (ridiculous) to gather the documents which relate to the issue in question by reviewing them, and potentially producing them will create an invoice of 10-20 hours at your professional rate, not a clerical rate. It will equal thousands of dollars. In my experience, not one attorney has ever followed through with it with me. Since they won't pay, I won't work. You are a professional. Don't be jerked around. Send the invoice to the retaining attorney to pass on to the requesting attorney. That way, they all know.

Here is what Rule 26 says:

(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.

(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report-prepared and signed by the witness-if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the facts or data considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

Source: https://www.law.cornell.edu/rules/frcp/rule_26

Carl Gann, CRC, CDMS, D/ABVE, CLCP, IPEC

carlgann@gannassociates.com

Tacoma, WA

Rhonda,

Ron is correct about Rule 26. It requires listing depositions or trials over the last 4 years, not 5 or 10. It also says specifically depositions and trials, not hearings or arbitrations. Leave out hearings and arbitrations. Constantly update your testimony list by adding and deleting. Follow the Rule 26 and we should all have the same methodology on this.

These kinds of ridiculous requests occasionally come up from attorneys. You have to be paid for your time. I calculate the time needed to find, copy, and potentially produce all of these documents, if I have them. Then I create an invoice at my professional rate to do the work and an allowance of at least 30 days to do it. I require prepayment to start the process. The invoice states that the work will commence upon receipt of the payment. So to research 10 years of work (ridiculous) to gather the documents which relate to the issue in question by reviewing them, and potentially producing them will create an invoice of 10-20 hours at your professional rate, not a clerical rate. It will equal thousands of dollars. In my experience, not one attorney has ever followed through with it with me. Since they won't pay, I won't work. You are a professional. Don't be jerked around. Send the invoice to the retaining attorney to pass on to the requesting attorney. That way, they all know.

Here is what Rule 26 says:

(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.

(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report-prepared and signed by the witness-if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the facts or data considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

Source: https://www.law.cornell.edu/rules/frcp/rule_26

Carl Gann, CRC, CDMS, D/ABVE, CLCP, IPEC

carlgann@gannassociates.com

Tacoma, WA

Rhonda,

Ron is correct about Rule 26. It requires listing depositions or trials over the last 4 years, not 5 or 10. It also says specifically depositions and trials, not hearings or arbitrations. Leave out hearings and arbitrations. Constantly update your testimony list by adding and deleting. Follow the Rule 26 and we should all have the same methodology on this.

These kinds of ridiculous requests occasionally come up from attorneys. You have to be paid for your time. I calculate the time needed to find, copy, and potentially produce all of these documents, if I have them. Then I create an invoice at my professional rate to do the work and an allowance of at least 30 days to do it. I require prepayment to start the process. The invoice states that the work will commence upon receipt of the payment. So to research 10 years of work (ridiculous) to gather the documents which relate to the issue in question by reviewing them, and potentially producing them will create an invoice of 10-20 hours at your professional rate, not a clerical rate. It will equal thousands of dollars. In my experience, not one attorney has ever followed through with it with me. Since they won't pay, I won't work. You are a professional. Don't be jerked around. Send the invoice to the retaining attorney to pass on to the requesting attorney. That way, they all know.

Here is what Rule 26 says:

(A) In General. In addition to the disclosures required by Rule 26(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.

(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report-prepared and signed by the witness-if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the facts or data considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

Source: https://www.law.cornell.edu/rules/frcp/rule_26

Carl Gann, CRC, CDMS, D/ABVE, CLCP, IPEC

carlgann@gannassociates.com

Tacoma, WA