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Expert witness disqualified for previously acting as advocate by drafting pleadings in the same proceeding.
In a property assessment appeal, MPAC brought a motion to disqualify the appellant's proposed expert witness, who had previously drafted the appellant's pleadings.
The Assessment Review Board granted the motion, finding that an expert witness cannot also assume the role of an advocate in the same proceeding, and ordered his expert report removed from the record.
The appellant brought a cross-motion to disqualify MPAC's expert witness on the grounds that her report lacked a summary of qualifications and that her conclusion matched the assessed value, allegedly showing bias.
The Board dismissed the cross-motion, finding no evidence of bias, but ordered the expert to amend her report to include her qualifications.
No co-appearing lawyers found.
No judges found.