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Article Excerpt
Two judges in the Northern District of New York have ruled that a treating physician testifying at a deposition is due a "reasonable" expert fee, regardless of whether the doctor was designated an expert witness. (Lamere v. N.Y. State Office for Aging, No. 1:03-CV-356 TJM/RFT, 2004 WL 1598778 (N.D.N.Y June 29, 2004) ; Lamere v. N. Y. State Office for Aging, No. 03-CV-0356, 2004 WL 1592669 (N.D.N.Y. July 14, 2004).)
The issue arose during discovery in a gender discrimination case brought by Brenda Lamere. Besides making her medical records available, the plaintiff called three of her treating doctors as witnesses; they were deposed by the defense, and each was paid the $40 non-expert-witness fee set forth by 28 U.S.C. [section] 1821.
When the defense wanted...
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