Legal Question in Medical Malpractice in Iowa

witness that can not appear on the court date

my question is we aare sueing a doctor for a malpraactice suite we now understand that our expert witness is not available for the court date does she have to be there or is her depostion and letter enouogh to go on with the trail

Asked on 6/14/08, 1:30 pm

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: witness that can not appear on the court date

What you describe is a problem that has no simple and workable solution. You can offer the expert a deposition as an alternative. But if she's got cold feet and has had a change of heart about testifying, then your case is in trouble. You could sue the expert for costs associated with litigation preparation. Is there any money on the table? You could settle.

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Answered on 6/15/08, 10:58 am

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