View source for Expert Testimony Provisions Act Exposed

The '''[[:media:5O2-Expert_Testimony_Provisions_Act_Exposed.pdf|Expert Testimony Provisions Act]]''' was amended by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Health_and_Human_Services_Task_Force Health and Human Services Task Force] and approved by the Board of Directors in 2002, included in ALEC's 1995 Sourcebook of American State Legislation. {{AEX2011}}

==ALEC Bill Text==

Summary

The purpose of this Act is to outline the qualifications of expert witnesses in
medical malpractice actions and to prohibit contingency fees for expert witnesses.
This legislation accomplishes two important goals. First it would eliminate bias
and unfair testimony made by expert witnesses. And second, it would prohibit
under-qualified professionals from testifying. The Expert Testimony Provisions Act
provides the qualifications of expert testimony. Such expert testimony may be
admitted only if witness is qualified in the “field in which the expert is called” and
the testimony is “based on a widely accepted explanatory theory.” Contingency
fees would be prohibited fro expert witnesses. A part may, through interrogatories,
deposition and document requests, require identification for experts, the subject
matter in which they are expected to testify, and a list of formal training and
publications, etc.


Model Legislation

{Title, enacting clause, etc.}

<u>Section 1.</u>

This Act may be cited as the Expert Testimony Provision Act.

<u>Section 2. {Qualification of Expert Testimony}</u>

(A) If the court finds:

:(1) that scientific, technical, or otherwise specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue;

:(2) that the witness is licensed by the appropriate regulatory agency to practice his or her profession in the state;

:(3) that the witness is qualified as an expert in the field for which the expert is called to testify by knowledge, skill, experience, training, or education; and

:(4) that the testimony is based on a widely accepted explanatory theory,

(B) Then the witness may testify thereto in the form of an opinion or otherwise.

<u>Section 3. {Prohibition on Contingent Fee for Expert Witness}</u>

A witness
shall be qualified to testify as an expert witness only if the courts finds that any
compensation to the witness directly or indirectly will not vary as a result of any
outcome of the case.

<u>Section 4. {Interrogatories}</u>

A party may through interrogatories require any
other party to identify each person whom the other party expects to call an as
expert witness at trial, to state the subject matter on which the expert is expected
to testify, to state the substance of the facts and opinions to whom the expert is
expected to testify and a summary of the grounds for each opinion, to list the
expert’s formal training and a list of the expert’s publications, and to state the
compensation fee for expert.

<u>Section 5. {Deposition}</u>

A party may, without the necessity of a court order,
depose each person the other party expects to call as an expert witness at trial, at
a reasonable time prior to trial as long as the party seeking discovery pays the
expert a reasonable fee for the time spent in the deposition, unless by motion a
court determines the payment of such fees would result in manifest injustice, or
the parties agree otherwise.

<u>Section 6. {Document Requests}</u>

A party may, without the necessity of a court
order, request all documents upon which the expert relies or has reviewed in
preparation for his testimony.

<u>Section 7. {Severity clause}</u>

<u>Section 8. {Repealer clause}</u>

<u>Section 9. {Effective date}</u>


1995 Sourcebook of American State Legislation. Ammended by the Health and
Human Services Task Force and approved by the ALEC Board of Directors in 2002.