No. 20-5204

Lyudmila Lerner v. Stanley Cowen

Lower Court: California
Docketed: 2020-07-29
Status: Denied
Type: IFP
IFP
Tags: civil-procedure evidence expert-testimony expert-witness fact-witness medical-testimony procedural-rules treating-physician witness-designation
Key Terms:
SocialSecurity Securities
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a treating physician can testify as a fact witness absent an expert designation

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. In the case at bar, Petitioner’s Treating Physician was precluded from testifying as a Fact Witness and as an Expert Witness because the Treating Physician was not designated as an Expert Witness. Where a Treating Physician is situated to testify as both a Fact Witness and an Expert Witness, can the Treating Physician be barred from testifying as a Fact Witness simply because the Treating Physician was not designated as an Expert Witness? 2. If allowed to testify as a Fact Witness absent an Expert Designation, can a Treating Physician also provide Expert Testimony?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2020)

Attorneys

Lyudmila Lerner
Leon OzeranOzeran Law Office, Petitioner