District of Columbia Order to Disclose Witnesses

State:
Multi-State
Control #:
US-00864
Format:
Word; 
Rich Text
Instant download

Description

This is an Order to Disclose Witness. This is used by a Defendant asking for the names and addresses of each of the State's witnesses. This form is applicable in all states.

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FAQ

Under Rule 702, a witness is qualified as an expert if: The expert's specialized knowledge will help the trier of fact to understand the evidence in the case or to determine a fact in issue; The expert's testimony is based on sufficient facts or data; the testimony is based on reliable principles and methods; and.

Rule 702 requires the testimony to be "based on sufficient facts or data." The expert must base his or her opinion on enough information, observations, tests, experiments, and other data to make them reliable. However, experts do not need personal knowledge.

(A) In General. A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.

Rule 702 sets forth the overarching requirement of reliability, and an analysis of the sufficiency of the expert's basis cannot be divorced from the ultimate reliability of the expert's opinion. In contrast, the ?reasonable reliance? requirement of Rule 703 is a relatively narrow inquiry.

702. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

In Rule 26(a)(2), the Federal Rules of Civil Procedure provide rules for disclosing expert witnesses. Subsection (A) creates a duty to disclose ?the identity of any witness [a party] may use at trial to present evidence under Federal Rule of Evidence 702, 703 or 705.?

(A) In General. A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.

The court must set a time for the defendant to make the defendant's disclosures. The time must be sufficiently before trial to provide a fair opportunity for the government to meet the defendant's evidence. testified as an expert at trial or by deposition.

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District of Columbia Order to Disclose Witnesses