TDCAA Community
Defense(appointed) Motion to Hire Expert

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4757029516

February 13, 2017, 14:33
Helwig76
Defense(appointed) Motion to Hire Expert
What if a "new" young solo attorney, without a mentor, now wants Court to allow him to hire expert for everything (case after case). Possible he Will try to use "Expert" to avoid "due diligence" and avoid having to get out of office and investigating.

I was accidently sent a copy of one such "Motion" and the Court told me I was not supposed to be copied on these motions. I had no right to know for such request.

I'm afraid he'll break the County with this and further continue to use to delay, "nit pick" etc.

Would appreciate some recommendations, suggestions, comments on how to fight this problem. please send to bhelwig@yoakumcounty.org. Thanks!
February 24, 2017, 09:09
Martin Peterson
I think you will likely just have to rely on the judge's familiarity with, and application of, Jimenez, 364 S.W.3d at 876-82. More than likely the necessary affidavits are not being filed or they do not offer concrete reasons as opposed to undeveloped assertions. That, of course, does not mean the attorney will tire of making the requests.
March 01, 2017, 09:37
Martin Peterson
The court should also be taking into account whatever information is or is not provided "with regard to the nature of the expert’s field or the complexity of the issue." Ehrke, 459 S.W.3d at 616 n.19.