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Verdicts
Appeals Court Says Plans to Use Past Expert Testimony In Cross Need Not Be Disclosed
A New Jersey appeals court says that although attorneys must disclose that they have accessed an opposing expert witness's testimony, they need not indicate whether they plan to use it or not because decisions about cross-examination “involve the attorney's mental processes” and therefore they “are inherently work product.” Dalton v. Crawley, et al., Superior Court of New Jersey No. 4033-12T3.
The plaintiff's decedent died at the age of 39 from Community-Acquired Methicillin Resistant Staphylococcus (CA-MRSA), and the plaintiff sued the hospital where the deceased was treated. When the plaintiff's attorney deposed one of the defense witnesses, it became apparent to the defense that the attorney was working with transcripts of testimony the defense expert had given in a previous case. The defense's side then demanded copies of those transcripts, and the plaintiff's lawyer refused to hand them over, saying his strategy concerning examination of the expert was his work product.
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