What happens if my attorney did not serve that Exchange of Expert Witness Information 70 days before trial? I just realized he served it 69 days before trial... does that mean the other side likely won’t answer it?
Yes. Other side may object to testimony by your expert if not timely served Expert Witness Information.
Not necessarily: 1) You may be counting wrong; 2) If the last day to make the demand is a weekend or holiday, the last day is the next court day closer to the trial date. The demand may be timely, or due to the possibility that the court may overlook any objection if brought to its attention, all parties may voluntarily engage in the exchange.
If the demand was not timely served, it may be ineffective. However, it may be that another party has served a timely demand. If so, to preserve the right to call expert witnesses in the case-in-chief, a timely response must be served to that demand.
You may find this blog post informative: Expert Witness Exchange: Service by Mail A Trap for Unwary at
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It will not matter unless the other side are fools willing to risk the ire of the judge
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