Motion Decision – Defendant Motion to call a second physiatrist

The defendants brought a motion near the end of the trial to call a second physiatrist. The Court ruled that the defendants should be limited to one expert per specialty. Section 12 of the Evidence Act was intended to prevent calling multiple experts with the same specialty, as it incurs unnecessary expense, uses up scarce resources, and ultimately is not necessary to assist the triers of fact, a requirement of the Mohan test, where an expert with the same specialty has already testified on the same subject matter.

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