Withdrawn Expert's Testimony Admissible At Summary Judgment Stage
Tennessee Rule of Civil Procedure 32.01(3) provides that, a party’s “discovery” deposition of another party’s expert witness is inadmissible except to impeach the same expert at trial. There are a few exceptions to this Rule, however. One important exception is that the rule is limited to admissibility at trial of a withdrawn expert’s deposition testimony. Tenn. R. Civ. P. 32.01(3). Thus, a withdrawn expert witness’s deposition testimony may be considered by the court at any other stage in the proceeding, including a summary judgment motion. Take a look at Dial v. Harrington, 138 S.W.3d 895, 899 (Tenn. App. 2003), appeal denied (March 20, 2004), for some additional insight.
Post A Comment / Question