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Defendant's expert/employee witness did not bring requested…

Defendant's expert/employee witness did...

Defendant's expert/employee witness did not bring requested documents to deposition. Expert/employee had not seen depo notice with requests until moments before deposition. Can failure to bring documents support motion to strike expert/employee declaration?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

California.

Lawyer's Assistant: What steps have been taken so far?

Nothing. Considering motion to compel, but because we need to file response papers within a few weeks, belated production will be of little to no help. Would need to re-depose expert, and traveled to Illinois for deposition.

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Answered in 8 minutes by:
5/27/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 968
Experience: Attorney/Member in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

It looks like you are in a time crunch, so the first option may not be viable, but it is one that is often considered in these situations, particularly where the defense did not prepare their expert in keeping with a valid subpoena.

The procedure would be to reach out to opposing counsel and let them know in lieu of a Motion to Strike the Expert's Testimony for Failure to Follow the Subpoena, that they can immediately produce the required documents and that opposing counsel can be responsible for the expense of getting the expert to you.

If that is not agreed to, then this could be requested relief in a Motion to Compel.

However, if the time factor mitigates against this then the approach could be, with this as the basis, a the motion to strike and perhaps even sanctions against opposing counsel for failure to follow the subpoena.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 968
Experience: Attorney/Member in Private Law Firm
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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