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Re: Asking is not disqualifing

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On Feb 1, 2005, at 12:11 PM, David Merrick wrote:

There has been an attempt to disqualify an expert Structural Engineering witness because he is on record asking relative questions on-line.
Whether or not this is grounds for disqualification depends on whether or not any resulting testimony qualifies as hearsay. Experts can cite any recognized references to support testimony, but they cannot rely on hearsay as foundation for an opinion.

It's also very important that a witness disclose discussions about the pending matter so that opposing council can at least consider whether to question all the parties who helped form the opinion. If I were to testify that i had not discussed the case with someone, when if fact I had discussed it in a substantive way, I could be in serious trouble, and with good reason.

Christopher Wright P.E. |"They couldn't hit an elephant at
chrisw(--nospam--at)   | this distance" (last words of Gen.
.......................................| John Sedgwick, Spotsylvania 1864)

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