Zaker v. Security National Insurance Company

The Defendant seeks an order for leave to examine a non-party for discovery pursuant to Rule 31.10 of the Rules of Civil Procedure. The non-party was an expert in this case engaged by the plaintiffs to provide expert evidence at trial. The motion judge found that the expert witness could not be examined under Rule 31.10 since he was being tendered as an expert witness at trial. Consequently, the motion was dismissed.