"Avoiding Application of the Missing-Witness Rule"

Michelle M. Rutherford
September 16, 2013

Attorneys considering not calling at trial an expert who has already been listed as a witness will be reminded in this article that not calling the expert may trigger an adverse inference under the missing-witness rule. This articles examines the history of the missing-witness rule and the factors that should be considered when determining whether or not to call an expert who has already appeared on the witness list.

Read the full article on the ABA’s website : "Avoiding Application of the Missing-Witness Rule," ABA Commercial & Business Litigation Newsletter (Summer 2013)

Barrasso Usdin Kupperman Freeman & Sarver, L.L.C. is located in New Orleans, Louisiana and has more than 30 attorneys. The Firm has experience litigating complex civil cases throughout the country, including all types of commercial disputes, class actions, environmental cases, intellectual property cases, insurance bad faith and coverage cases, and securities arbitrations, litigation, and regulatory matters.