Substituting Witnesses

Well, this is an interesting fact situation.  A party’s expert experienced a medical event and it sought to sub in a replacement for trial.   At the hearing on the motion the Court determined that it needed more information on whether a replacement was needed.  Its solution was set forth in a sua sponte order.

The Court designated an attorney who had recently retired as chief legal officer of a hospital system and prior to that was an experienced trial lawyer as a “special liaison” for the Court to  gather information regarding whether the expert could remain in the case or not, and file a report on his findings, under seal and with copies to the parties.

IV – doctor’s order


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