Expert Designation – Affirmed

  • Guardianship of Hoffpauir
    • 09-16-00152-CV, 2018 WL 1321509
    • County Court at Law of Orange County
    • Justice McKeithen, Mar. 15, 2018
  • Hoffpauir complained that the trial court abused its discretion by excluding  her expert witness’s offered testimony regarding audio recordings. The Respondents contended that the audio recordings and the offered opinions were not disclosed by Hoffpauir in her designation of experts; Texas Rule of Civil Procedure 193.6 is mandatory absent a showing of good cause or lack of unfair prejudice.
  • The Ninth Court held that Hoffpauir never amended or supplemented her designation of experts to disclose that her expert had relied upon the audio recordings or that the expert would be called upon to give an opinion concerning the audio recordings. Given that the testimony was offered for the first time at trial, there was no good cause or lack of prejudice shown. The Ninth Court found that under Rule 193.6, the trial court did not abuse his discretion.

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