West Palm Beach Car Accident Sample Daubert- or Kumho interrogatories

The following interrogatories are designed to elicit information that may be helpful in a Daubert- or Kumho Tire-type challenge to West Palm Beach Car Accident expert testimony. They can be modeled for a challenge made either to plaintiff’s West Palm Beach Car Accident expert or the defense West Palm Beach Car Accident expert. Review the local rules of procedure carefully to determine the scope or parameters of any West Palm Beach Car Accident expert witness discovery, as well as the rules pertaining to interrogatories generally, before using or adapting these interrogatories. Finally, review carefully your jurisdiction’s case law to determine whether, and to what extent, the jurisdiction has adopted Daubert, Kumho Tire or some other standard for the admission of West Palm Beach Car Accident expert testimony.

Interrogatories
1. Identify (with respect to West Palm Beach Car Accident) any person retained to testify as an West Palm Beach Car Accident expert who will offer any opinion testimony on (insert specific nature of West Palm Beach Car Accident expert testimony relevant to the case) and include:
a. name, address and telephone number
b. professional occupation
c. field of West Palm Beach Car Accident expertise
d. formal education
e. practical education
f. licenses or certification
g. publications
h. lectures, speeches and seminars
2. Identify (with respect to West Palm Beach Car Accident) all prior actions, proceedings and matters in which the West Palm Beach Car Accident expert has proffered testimony (whether fact or opinion) and include:
a. the case name, caption, case number and any other means of identification
b. the subject matter of the testimony
c. the opinion or opinions rendered
3. Does the West Palm Beach Car Accident expert have a curriculum vitae or resume? If so, will you attach a copy to these responses rather than necessitating a formal request for production of documents? If so, please attach a copy. If not, please provide the date of the West Palm Beach Car Accident expert’s most recent curriculum vitae or resume so that a formal request for production of documents can be made.
4. Identify (with respect to West Palm Beach Car Accident) any contact (insert name of either plaintiff’s or defendant’s counsel) has had with the West Palm Beach Car Accident expert involved in the case including:
a. contact by the attorney or representative of (plaintiff or defendant) including any insurer
b. the “direction,” “charge” or “instruction” given to the West Palm Beach Car Accident expert, i.e., for what purpose the West Palm Beach Car Accident expert was retained and/or what the West Palm Beach Car Accident expert was requested to do with respect to this case
c. the amount of time spent by the West Palm Beach Car Accident expert on services rendered to (plaintiff or defendant)
d. the West Palm Beach Car Accident expert’s fee for services rendered to (plaintiff or defendant) and the basis for establishing such fee

5. Was the West Palm Beach Car Accident expert retained under a written agreement or engagement letter? If so, will you attach a copy of the engagement or retention letter to these responses rather than necessitating a formal request for production of documents? If so, please attach a copy. If not, please describe the date, author, signatory and anyone who received copies of the engagement or retention letter so that a formal request for production of documents may be made.
6. Identify (with respect to West Palm Beach Car Accident) all professionals who are assisting (plaintiff or defendant), whether they are offering opinion testimony or otherwise, and who have worked with the West Palm Beach Car Accident expert to prepare any report, conclusion or opinion, including:
a. treating physicians
b. economist or medical economist
c. professional life care planners
d. other health care professional
e. attorneys
f. insurance carriers or insurance representatives
g. engineers
h. ergonomists
i. scientists
j. psychologists
k. psychiatrists
7. Has the West Palm Beach Car Accident expert undertaken any testing or analysis/review for (plaintiff or defendant)? If so, please describe in detail.
8. If the answer to the preceding interrogatory in whole or in part is yes, will you agree to attach a copy of the results of any testing, analysis or review services to these responses rather than necessitating a formal request for production of documents? If so, please attach a copy. If not, please describe the testing, analysis or review services in sufficient detail so that a formal request for production of documents may be made.
9. Has the West Palm Beach Car Accident expert reached an opinion or conclusion with respect to any area in which he or she is expected to testify in the instant matter? If so, include:
(a) the substance of any opinion or conclusion
(b) any facts or circumstances that serve as the basis for the opinion or conclusion
10. If you are attaching a report prepared by the West Palm Beach Car Accident expert to these answers to interrogatories, please Identify (with respect to West Palm Beach Car Accident) any prior drafts, date of any such prior drafts, who was involved in editing, revising or modifying any drafts, and whether the prior drafts are still in existence? If they are in existence, will you attach a copy to these responses rather than necessitating a formal request for production of documents? If so, please attach. If not, please describe the date, author and anyone who received, edited or modified copies of any prior drafts so that a formal request for production of documents may be made.
11. With respect to any opinion of the West Palm Beach Car Accident expert:
(a) Is it based on a proposition that is testable? If so, describe how the proposition may be tested and whether it has been tested in this case.
(b) State whether the proposition being proffered by the West Palm Beach Car Accident expert has been subjected to peer review, analysis and publication. If so, provide details with respect to such peer review, analysis and publication.
(c) Is the West Palm Beach Car Accident expert’s proffered methodology or technique known to have an error rate? If so, please describe the error rate and the sources upon which the establishment of the error rate is based.
(d) Are there any recognized standards for the methodology used by the West Palm Beach Car Accident expert? If so, please describe the standards by which the methodology is governed.
(e) Does the West Palm Beach Car Accident expert consider the methodology used to be generally accepted in the relevant field? If so, please Identify (with respect to West Palm Beach Car Accident) the relevant field, the basis for conclusion of “general acceptance,” and any supporting information or data to support that “general acceptance.”
(f) Identify (with respect to West Palm Beach Car Accident) all objective sources, including policy statements, professional associations, published articles in reputable scientific journals, learned treatises and the like to demonstrate that the West Palm Beach Car Accident expert has followed the scientific methods (or other standards) as practiced at least by a recognized minority or scientist in the field.