Can I sue an expert witness for giving a fraudulent report? 17 Answers as of February 20, 2012Can I sue an expert witness if I can prove that the expert witness (and defendant) made fraudulent misrepresentations in sworn Affidavit in summary judgment motion submission, and the judge relied on such and dismissed my case? It is different than business type of fraud, because the parties were defendant, judge and me. The fraudulent misrepresentations were about my condition and made to the judge. But I suffered the direct damage.
Attorney & Counselor at Law | John Hugger
I have never researched your issue and it would depend upon whose expert it was. An expert should always be truthful but much of what they testify to is their opinions (that is why they are established in Court as "experts".
Answer Applies to: Colorado
Patrick M Lamar Attorney | Patrick M Lamar
I believe you can file a suit for this. There is some precedent for the action from cases where retained experts did similar things. However, you were not in a contract relationship so the cause of action would be different. I would have to know more about what happened.
Answer Applies to: Alabama
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Usually, the way to prove the falsity of testimony in court is with testimony from a witness of your own. If the judge believed your opponent's expert testimony, it not likely that you would have much chance of obtaining satisfaction by suing the expert witness after your opponent won. Perhaps you should have retained an attorney to advise you before your unfortunate result.
Answer Applies to: Washington
Andrew T. Velonis, P.C. | Andrew Velonis
Possibly, but doubtful: Typically, an expert offers his/her opinion to the court. That opinion might be based on be based on "facts" that are incorrect, but it is up to the judge to determine whether to accept the expert's opinion. Then, there's the question that, if the expert's opinion had not been accepted, your case might have been dismissed anyway, or if not dismissed, you might not have been ultimately successful at trial.
Answer Applies to: New York
Law Offices of Andrew D. Myers | Andrew D. Myers
You "can" sue them but the case is not going anywhere but to dismissal, and here is why. At the summary judgment phase you had the opportunity to file an objection and an affidavit raising a genuine issue of material fact. If the "expert" made fraudulent misrepresentations, that was the point at which to call this to the court's attention. Now, a judgment has been entered and so those facts form the basis of a court judgment.
Answer Applies to: New Hampshire
Broad Law Firm, LLC | Donald K. Broad
The burden to prove fraud is a heavy burden to bear and you will likely have to hire an expert of your own to testify in that regard. However, if you can prove the fraud and can prove damages proximately caused by it, you can recover. It will just be a very tough row to hoe.
Answer Applies to: Indiana
McKell Christiansen | Michael McKell
You could certainly bring an action for fraudulent misrepresentation. In Utah, the Plaintiff is required to plead with particularity so your proof would have to be rock solid or I doubt you would find ever find an attorney to take the case.
Answer Applies to: Utah
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If you can prove fraud I don't see any reason why not. How will you prove fraud? Because most expert evidence is opinion evidence. If the opinion was based on fraudulent evidence and the evidence was produced by the expert then why not. I cant tell from this small bit of information what you think is fraud and how you think you will prove it. See a good litigator and take his advice.
Answer Applies to: North Carolina
Law Firm of Martin & Wallentine | Richard Martin
Your immediate remedy is to file a motion to alter or amend judgment. However, it might require you to bring forth evidence to show that the affidavits were false. The law often imposes strict time deadlines in relation to final judgments. Consult an experienced trial attorney immediately to secure any rights or remedies you may have.
Answer Applies to: Kansas
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Suing a witness for an opinion is very difficult and your burden of proof that the parties collaborated fraudulently will be very high. That being said, and depending on the quality and admissibility of the proof you have, certainly an expert may be sued for a fraudulent report.
Answer Applies to: Louisiana
Ewusiak & Roberts, P.A. | Christopher J. Roberts
You certainly have available remedies, including probably a suit for fraud against the expert if you think you can prove fraud. You could also try to reopen your old case if you can prove that it was decided on false evidence.
Answer Applies to: Florida