In a case involving the issue of pre-payment charges by Expert Witnesses for taking their depositions, a Federal Magistrate-Judge also had something to say about "preparation time" charges by Expert Witnesses. Most Courts hold that an Expert Witness is entitled to payment by the interrogating attorneys for the Expert's time spent in preparing for a deposition. Download Bartram, LLC v. Landmark American Insurance Co. (N.D. Fla. Case No. 1.10.28, Order of USMJ Filed February 16, 2011) PUBLIC ACCESS, at n.2. (This case involves substantive issues of builder's risk Insurance Coverage for construction defects, under Florida substantive law.)
While the Rule [Federal Rule of Civil Procedure 26(b)(4)(E), which has many State Court counterparts] does not expressly state whether an expert's time preparing for a deposition is "time spent in responding to discovery" the clear trend is that expert witnesses may be entitled to at least some compensation for time spent in preparation for a deposition, particularly if the expert is testifying in a complex case.
Id.
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