Cannabis Expert Witness-Cannabis Law Blog™
For the past few years, I have been an expert witness in a series of cannabis lawsuits in Oregon.My partner Hilary Bricken A large number of such incidents were also handled in California during the same period. Due to local rules of evidence and other factors, the way that litigants use experts varies from jurisdiction to jurisdiction, but convincing expert testimony can succeed or fail in any jurisdiction. In this article, I will explain why.
Expert witness authority
In the context of witness services, the term “expert” is short for “subject expert”. Generally speaking, experts: 1) will publish a large number of articles in their field for a long time, 2) will have practical experience related to the topic at hand, and 3) will have experience in court (or arbitration) cases similar to immediate disputes. The more experience an expert has, the more authoritative the expert will appear through a certain combination of practical experience, academic and experimental experience.
In terms of marijuana litigation, I have handled cases in state and federal courts, involving everything from allegations of lawyer malfeasance to administrative rules and policies, to industry practices and market dynamics. I was hired as an expert for the first time shortly after the passage of the 2018 Farm Bill, and the ability of cannabis growers to obtain bank accounts was a controversial key issue in the litigation. I was able to point out the articles I had written on the subject and, under direct and cross-examination, gave the court a detailed account of my personal experience with credit unions, government and industry clients. The court considered the testimony persuasive and made a ruling in favor of my client.
Expert witnesses can use the settlement
Oregon is an interesting and unusual state that does not allow expert witnesses to discover it. We have an “ambush trial”. This means that litigants do not need to disclose the content of expert witness testimony, the identity of the witness or even their existence in advance. If the two parties did not agree with each other, there would be no testimony, interrogation or other findings of expert witnesses. Other states, such as California, adopt more traditional methods and manage expert witness findings in their civil procedure codes.
However, regardless of the discovery setting, in some cases, litigants will disclose their experts outside of the normal discovery process, or disclose key testimony that the experts will provide. This is usually done to take advantage of the settlement or even voluntarily dismiss the other party’s claims. Before anyone filed a complaint or statement of claim, I also asked the lawyer to keep me as an expert witness at the beginning of the matter. An experienced litigation attorney told me that no matter how the litigation progresses, she wants me to be available (and not available to the opposing party). This will “lock me in” and maximize her client’s prospects for favorable results in the future.
Expert witnesses can provide insights
People tend to think that expert witnesses are the most valuable for providing convincing testimony. This is not entirely correct. Sometimes an expert can provide important insights to his or her client before any testimony is even discovered. Sometimes, these insights will greatly influence the methods or strategies of customers in disputes. For example, an expert can confirm the customer’s thinking on a particular issue, or the expert may introduce an idea or method that has not been considered-this has an important impact on the customer’s prospects for success.???
Many marijuana commercial disputes have occurred across the country. In Oregon, complaints are filed in court almost every week, and other disputes are submitted through private arbitration. Many of these disputes depend on whether a party’s behavior (or omission) is reasonable, negligent, or reckless, or whether it complies with administrative rules and policies that are effective at a specific time.Expert witnesses can also assist in solving other key issues, such as The value of an enterprise Arguing. In many of these cases, hiring qualified and capable expert witnesses can play an important role.