Cumulative Testimony in Medical Malpractice Defense
Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more missing witnesses.
July 18, 2024 at 10:00 AM
8 minute read
Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more on missing witnesses. The trial court is called upon to rule on whether the content of the testimony of a witness who has not yet testified would be cumulative with regard to other proof and is properly excluded.
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