No. 22-5444

Robert JW McCleland v. Rick Raemisch, et al.

Lower Court: Tenth Circuit
Docketed: 2022-08-24
Status: Denied
Type: IFP
IFP
Tags: expert-witness indigent-litigants judicial-notice medical-evidence medical-information pro-se pro-se-litigant rule-201 rule-706 undue-burden
Key Terms:
Environmental Securities Immigration
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Does requiring an expert witness to present medical information create an undue burden on the courts and unfairly prejudice pro se, indigent litigants?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does requiring an expert witness to present medical information, pursuant to Fed.R.Evid. Rule 201 Judicial Notice,. create an undue burden on the courts and unfairly prejudice pro se, indigent litigants? | | 2. May a lower court deny a request for Judicial Notice pursuant to Fed.R.Evid. Rule 201 (b) by claiming that the Defendants would be precluded from offering contrary evidence, even when the request was made to rebut evidence given by : the defendants in support of their Summary Judgment Motion? 3. When a lower court requires a pro se, indigent litigant to employ a medical expert to submit medical information pursuant to Fed.R.Evid. Rule 201, does the court abuse its discretion when it denies the appointment of an expert pursuant to Fed.R.Evid. Rule 706 to meet the requirement? 4. If the defendants in a lawsuit provide false expert declarations to the court in order to mislead the court about the medical standard of care for the hepatitis c virus, does the misrepresentation meet the requirements of a Fed.R.Civ.P. Rule 60(b)(3) Motion? i

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2022)

Attorneys

Robert JW McCleland
Robert JW McCleland — Petitioner
Robert JW McCleland — Petitioner