Wednesday, November 13, 2013

3d DCA Watch -- Non Testifying Experts Deposition Day!


Just what is happening in the trenches?

Are they really requiring non testifying experts to be deposed down there at 73 West Flagler?

Apparently they are:
Stone is precisely the type of expert protected by rule 1.280. He was hired to examine the data and provide his expert opinion based only on the information that Rocca provided him. Stone seemingly has no personal knowledge of the underlying facts of the case other than those provided to him by Rocca or Rocca’s attorney, and Stone has been withdrawn as a testifying witness. Based on these facts, Stone cannot properly be classified as a fact witness, and may only be deposed upon a showing of exceptional circumstances in which the defendants are unable to obtain similar information by different means. The defendants have not made such a showing. The defendants have hired their own expert witness and have been given access to Rocca’s designated trial expert accountant.
Sheesh, somebody break out a rule book -- what a costly and unnecessary boondoggle!

10 comments:

  1. Non-testifying experts are almost as bad as non-experts testifying.

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  2. Rocca's lawyers had big giant eggplants to walk out of a court ordered deposition and take up a contempt order. letting out a respectful whistle

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  3. It was a david goldberg case what do you expect.

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  4. Fake Scott RothsteinNovember 13, 2013 at 2:44 PM

    walking out of a deposition is badass

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  5. SFL - with this weather, should I have scotch or a martini?

    -GB

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  6. This is Scotch weather GB. Or better yet a fine Cognac!

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  7. I guess youre right. But I've been thinking about that martini.

    All.

    Day.

    Long.

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  8. I thought SFL likes Gin Gibsons....

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  9. 6:44 here, that's what I thought
    :)

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