My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
GENERAL46384
DRMS
>
Back File Migration
>
General Documents
>
GENERAL46384
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
187
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
State employees cannot be required to present expert testimony against their will. <br />Several courts have adopted a broad rule that such testimony is prohibited as constituting an <br />involuntary servitude. Ondis v. Pion 497 A.2d 13, 18 (R.I. 1985) ("It is the obligation of a party <br />who desires expert testimony to obtain the services of a qualified person on a voluntary basis."); <br />Mason v. Robinson, 340 N.W.2d 236, 242 (Iowa 1983); Shelby County v. Kineswav Greens of <br />America 706 S.W.2d 634, 637 (Tenn. App. 1985). This principle is applicable to experts <br />employed by the government. Matter ofBrownine, 480 N.Y.S.2d 671 (Misc. 19$4). <br />If the Plaintiffs believed they needed expert testimony to properly present their case, they <br />had the same obligation as the rest of the parties to seek out and hire their own qualified expert <br />witness. Dr. Posey's analysis and conclusions regarding the toxins and heavy metals issue <br />constitute substantial evidence upon which the Board relied, in part, to approve this permit. If <br />the Board's failure to issue the subpoenas in question was error, it was harmless. <br />V. All Plaintiffs Had A Full And Fair Opportunity To Present Evidence. <br />Plaintiffs argue that they were not afforded the opportunity to cross-examine witnesses. <br />They complain that they were not afforded enough time to present their evidence. These <br />arguments aze without merit. <br />If the Board denied them a full and fair opportunity to present their cases, the transcript <br />should reflect some action by the Boazd interrupting a Plaintiff during a case presentation, or <br />interrupting a plaintiff who is attempting to cross-examine a witness. <br />In fact, the transcript does not reflect any such action by the Boazd. The Board did <br />establish limits on the time each party had to present their case. T/ot. 3, p. 834-839. However, <br />the limits were not strictly enforced. The record shows that all parties were given adequate time <br />13 <br />
The URL can be used to link to this page
Your browser does not support the video tag.