MASON v. ROBINSON

No. 69143.

340 N.W.2d 236 (1983)

Edward E. MASON, Plaintiff, v. The Honorable L. Vern ROBINSON, District Court Judge of the Sixth Judicial District, Defendant.

Supreme Court of Iowa.

November 23, 1983.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mark E. Schantz, Des Moines, and John R. Scott, Sp. Asst. Atty. Gen., for plaintiff.

H. Daniel Holm, Jr., and William C. Ball of Ball, Kirk & Holm, P.C., Waterloo, and Nick Critelli, Des Moines, for defendant.

F. Richard Lyford of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for amicus curiae Iowa Medical Soc.

Considered en banc.


SCHULTZ, Justice.

The issue presented in this action is whether a trial court has discretion to relieve an unwilling expert witness, who is a stranger to the litigation, from providing opinion testimony during a pretrial discovery deposition. Since we determine a litigant does not have an absolute right to compel an unwilling expert to give an opinion on facts outside the expert's personal knowledge, we hold that a trial court has discretion to either relieve or compel...

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