Legal Opinion · Concurrence

Greene v. Hoekstra

Court of Appeals of North Carolina

Decided March 4, 2008No. COA07-490Published

1ConcurrenceJackson, Judge

Although I concur in the result reached by the majority in this case, I respectfully disagree with the analysis employed with respect to-the expert witness fees. Specifically, I cannot agree with the majority opinion’s statement that “in determining whether the trial court is barred by the lack of a subpoena from awarding the costs of an expert witness, ... it is the service of the subpoena on the witness, not the service of the subpoena on the opposing partyf,] which is dis-positive.” (Emphasis added). I, therefore, write separately to express my concern that the majority opinion diminishes…

2Cases cited3 opinions

  1. Biocore Medical Technologies, Inc. v. KhosrowshahiDistrict Court, D. Kansas · 1998
  2. Murphy v. Board of EducationDistrict Court, W.D. New York · 2000
  3. Beck v. VoncannonSupreme Court of North Carolina · 1953

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