Tuesday, September 13, 2011

Personal Injury Lawyer in Baltimore

Unless it is inherently unfair a court will require a party seeking discovery from an opposing party's expert to pay the expert a reasonable fee for the time spent in responding to the discovery provided the discovery is for the purpose of finding the expert's opinions. As far as determining the reasonableness of expert fees the court has applied a six-point test to resolve the question of the reasonableness. Specifically, the court focuses on the following factors: the witness's area of expertise; the education and training that is required to provide the expert insights; the prevailing rates; the nature, quality and complexity of the discovery responses; the cost of living in a particular geographical error area; and any other factor likely to help the court. See Goldwater v Postmaster General of the United States 130 6 F.R.D. 337. Maryland courts look at Maryland rule 2–402 (e)(3), to recognize the court's authority to require the discovery party to pay the expert's preparation time when circumstances so require. The awards for preparation time typically are granted only upon extraordinary circumstances. If you have questions regarding personal injury in Maryland please feel free to give me a call at 1-888-760-7339.