Expert Witness Compensation Rules in New Hampshire

What Are the Rules Governing Expert Witness Compensation in New Hampshire?

In New Hampshire, expert witness compensation is governed by a combination of statutory provisions, court rules, and case law. The state recognizes the critical role that expert witnesses play in civil litigation, providing specialized knowledge that can be pivotal in determining case outcomes. Consequently, New Hampshire law ensures that experts are fairly compensated for their services, while also maintaining transparency in fee arrangements.

Fee Provisions in New Hampshire Rules of Civil Procedure

The New Hampshire Rules of Civil Procedure outline specific provisions related to the compensation of expert witnesses. Rule 53 of the New Hampshire Rules of Civil Procedure specifically addresses the appointment and compensation of experts, mandating that fees should be reasonable and commensurate with the expert’s qualifications and the complexity of the case. The rule stipulates:

• Reasonableness: Fees must reflect the expert's expertise, the complexity of testimony, and the time expended.
• Judicial Oversight: Court approval may be required for fee arrangements, particularly in cases where expenses are expected to be significant.

Moreover, the rules emphasize that expert fees are usually borne by the party that retains the expert, although cost-shifting may occur under certain circumstances, such as when a party fails to comply with discovery obligations.

Distinction Between Retained Experts and Treating Physicians Regarding Compensation in New Hampshire

New Hampshire law distinguishes between retained experts and treating physicians with respect to compensation. Retained experts are individuals specifically engaged for the purpose of providing expert opinions in a case. Their compensation is subject to negotiation and should reflect the market rates for their expertise. On the other hand, treating physicians, who may be summoned to testify about their treatment of a patient, are generally compensated for their time spent testifying rather than for forming an opinion on the case.

• Retained Experts: Fees are negotiated and typically higher, reflecting the specialized nature of their consultation.
• Treating Physicians: Compensation is limited to time spent away from their practice for testimony, not for forming opinions outside their treatment scope.

Disclosure Rules for Expert Witness Fees and Contracts in New Hampshire

Transparency in expert witness compensation is critical to maintaining fairness in litigation. In New Hampshire, parties are required to disclose fee arrangements with their experts as part of the discovery process. This disclosure includes:

• Fee Agreements: Detailed contracts outlining compensation terms must be made available to opposing parties.
• Hourly Rates and Expenses: Documentation of hourly rates, anticipated hours, and any additional expenses must be provided.

These disclosure requirements are intended to prevent any undue influence on expert testimony and ensure that compensation is reasonable and transparent.

Practical Tips for Structuring Expert Witness Fee Agreements in New Hampshire

When engaging an expert witness in New Hampshire, it is essential to establish clear and fair fee agreements to avoid disputes and ensure compliance with state regulations. Below are practical tips for structuring expert witness fee agreements:

• Clearly Define Services: Outline the specific services the expert will provide, including the scope of work, deliverables, and any limitations to avoid ambiguity.
• Set Reasonable Rates: Research market rates for similar expertise and ensure that the agreed-upon fees reflect the expert's qualifications and the complexity of the case.
• Include Payment Terms: Specify payment structures, such as hourly rates, retainer fees, and payment schedules, to ensure clarity on when and how payments will be made.
• Document Expenses: Clearly state how additional expenses (e.g., travel, materials, etc.) will be handled, including whether they will be billed separately or included in the overall fee.
• Establish a Cancellation Policy: Include terms regarding cancellations or changes to the engagement, outlining any fees or penalties that may apply.
• Ensure Compliance with Disclosure Requirements: Remind both parties to comply with New Hampshire’s disclosure rules by including a clause that outlines the necessity of sharing fee arrangements with opposing parties as required by law.
• Review and Update Agreements Regularly: Periodically review and, if necessary, update the fee agreement to reflect changes in the expert's role or modifications to the case.