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The post below was published on Tuesday, January 18th, 2011 at 8:32 AM.

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Fifth District: Certiorari, Striking Experts

This decision from the Fifth District granted a certiorari petition and quashed a trial court’s order striking an expert witness.

The district court found irreparable harm because “it is difficult to understand how striking the testimony of a material witness can be remedied on appeal since there is no meaningful way to determine, after judgment, what the testimony would have been or how it would have affected the result.”

The court also offered a general rule concerning striking an expert witness as a sanction: “As a general rule, before striking an expert witness, the trial court should ‘find that someone is in contempt of court or has violated an appropriate court order.'”

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