Preparing a lawsuit for trial can be a time-consuming and expensive endeavor. In addition to retaining experts on the plaintiff’s behalf, plaintiff’s counsel may also find it necessary to depose the experts retained by the defendant in order to anticipate how a particular expert witness’s testimony is likely to impact the trial of the case.
Expert witnesses are usually paid quite well for their services. Insomuch as the witness’s testimony may be necessary to the plaintiff’s case, an expert’s fee is usually money well-spent. However, under the Federal Rules of Civil Procedure, the plaintiff may be also be responsible for paying a portion of the fee charged by the defendant’s expert in some situations.
This is, of course, a much more bitter pill to swallow – especially when the defendant asks the plaintiff pay the expert for time that he or she spent consulting with the defendant’s own attorneys about the case.