Graham v. Gielchinsky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that admission of evidence is generally addressed to the trial judge's sound discretion
• noting that “in the absence of exceptional circumstances ... courts should not allow the opinion testimony of an expert originally consulted by an adversary”
• defining de bene esse deposition as “one that is taken provisionally for use if the witness is unavailable at the time of trial”
• holding opinion of expert may not ordinarily be compelled against expert’s wishes
• reviewing the \use of the opinion evidence of an expert consulted by an adversary\
• Even where the subpoenaed witness has been designated by an adverse party as an \expert\ and has given an opinion on the subject matter, the witness may not be compelled to offer an opinion unless truly exceptional circumstances exist.

Source: CourtListener parenthetical corpus (CC0).