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.
Multiple Expert Witnesses
In complex cases, the claims may involve violation of the standard of care across several medical specialties, requiring that the defense produce more than one liability expert because on expert may not be effective in defending all claims. In other cases, the liability issues may relate to the activity of a surgeon, whereas the causation and damages issues fall within the purview of neurology, radiology or pathology. The medical specialties are not mutually exclusive and the testimony of our expert witnesses will naturally overlap to some extent.
