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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 117401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a l&t court hearing active , and i have a

Customer Question

i have a l&t court hearing active , and i have a forensic that has not testified (took the stand),THAT IS MY FIRST FORENSIC .
I obtained a second forensic , better qualified , and the judge is not allowing him into the court . my first forensic is 2500 miles away and i have to fly him in , but he has been ill , and the jude wants doctor notes , and the scheduled date is only a half a day court session . My first forensic says 3 hours is not enough time . If that the case i need 2 days in court and that woul cost me airline tickets 2 times over again and hotel 2 times and i have to pay the forensic twice (his fees cost). i want the second forensic i already paid , but the petitioner fears him coming to court , because he is a former fbi retiree , and now has his own practise . what am i to do
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Why is the judge refusing your second expert, is it because you failed to disclose him in time?
Customer: replied 1 year ago.
i think so , was not with second forensic before case started , but my first forensic has ben ill , and cannot have a half a day in court to testify and show his expert opinion of leasei have to fly him in airline tickets are involved, and hoteli would have to fly him in twicealso the petition is defective, and judge is being stubbornalso the landlord (petitioner) has sild the house while in court pending , to an estate , is this grounds for dismissing the case
Customer: replied 1 year ago.
are you a housing court attorney
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I do landlord tenant cases, yes.
First off, when it comes to expert witnesses, the US Supreme Court in both the cases Daubert and Frye, stated that the judge is the "gatekeeper" of the evidence and he has the sole discretion as to who to allow or not allow as an expert. If someone fails to disclose a particular expert in time required by the court orders, then the judge has every right to disallow the expert. So this is up to the judge and if you submit an affidavit from your first expert that his health will prevent him from testifying and supports that with a doctor's note, then that is good cause to ask the court to substitute witnesses. Otherwise, the judge has a right to disallow your second expert.
One option to try is once the landlord testifies about the lease, you can ask to call the second expert as a "rebuttal witnesses" to testify not as an expert, but as to what he knows about that lease from reviewing it. The court may not allow him as an expert, but possibly could allow him as a rebuttal witness to testify only to what the landlord claimed about the lease.
Other than rebuttal, the decision on your witness is up to the judge.
Even if the landlord/petitioner sold the property, if the breach occurred prior to the sale, the landlord can still pursue the suit.
Customer: replied 1 year ago.
what about during the case new evidence (landlord, petitioner pleaded guilty to forgery when he was a doctor) re; his initials were used on prescription (other doctors prescriptions) initials is the issues of the lease , so during the lease this was new and was presented to the courts , and my second forensic is looking at his signature (also initial) that my landlord pleaded guilty , and i am trying to get copies of those prescriptions (other initials) to present to the courts, also this happened with the medical board , yes my landlord was a former doctor. how can i get the copies of the prescriptions THAT WERE FORGED
Customer: replied 1 year ago.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I have no idea what you are talking about my monies have increased, the experts are not employees of the site and we have nothing to do with what the site charges nor do we even know. You are also not charged for each response we make to you, the only charge is when the customer leaves positive feedback so the expert can receive credit for spending time with the customer, as I explained we are not employees of the site but independent users just like you are. Thank you for understanding.
Furthermore, you have yet another pending question where you have failed to leave positive feedback for the expert. Please do not forget to do so. Thank you so much for understanding that the only way expert attorneys can continue helping people on this site who need it is if customers comply and leave the experts positive feedback. Thank you.
If he was charged with forging prescriptions, then that information should be in the clerk of court's office in the criminal case against him. If not, you have to subpoena the DA's office who charged him to get a copy of those prescriptions.
Just because he previously forged prescriptions though, under the rules of evidence, does not mean you can introduce that against him in this matter. According to the rules of evidence, proof of past wrongs cannot be introduced to prove that he committed an offense in a new case.