Rendered from the court's authenticated repository
Searchable full text
2,562 characters extracted
—
Docket NO: RSC-CV-2815
IN THE SUPERIOR COURT
OF THE STATE OF RIDGEWAY,
COUNTY OF RIDGEWAY
______________________
STEMPIEE,
Plaintiff,
v.
BRUNOMONTIEL1,
Defendant.
______________________
PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO
APPOINT EXPERT WITNESS
Plaintiff Stempiee, proceeding pro se, opposes Defendant's Motion to Appoint Expert Witness
(BATES-20261003-4765741944) and asks that it be denied.
1. The proposed opinion is inadmissible. Defendant says wynneboy2010 will give
an opinion on "whether or not the Defendant was justified in using force." Motion ¶ 15. No
witness may tell the Court "whether conduct satisfies a legal standard or an element of a claim, a
defense, or an offense." Rid. R. Evid. 702(9)(1). Rule 704 does not save it: it does not make
admissible "an opinion that applies a legal standard to the facts" or "an opinion that a party is
guilty or not guilty, or is liable or not liable." Rid. R. Evid. 704(2)(1), (2).
2. The opinion will not help the Court. Expert testimony must "help the trier of fact
to understand the evidence or to determine a fact in issue." Rid. R. Evid. 702(1)(1). The incident
is on a 28-second video, Defendant's Exhibit A. The Court can watch it and apply the law itself.
wynneboy2010 was not present at the incident. He can only watch the same video the Court will
watch.
3. wynneboy2010 is Defendant's witness, not a neutral one. Defendant lists him as
his own "Expert Witness" in his disclosure (BATES-20261003-0167923290). A court-appointed
expert must perform his duties "impartially." Rid. R. Civ. P. 31(9)(1). Defendant may call his
1
Docket NO: RSC-CV-2815
own experts under Rid. R. Evid. 706(6), with the written report Rid. R. Civ. P. 19(5)(1) requires.
He does not need an appointment to do that.
4. The motion is incomplete. It does not state whether Defendant conferred with
Plaintiff, as Rid. R. Civ. P. 7.1(2)(3) requires. It does not show that wynneboy2010 consents. Rid.
R. Civ. P. 31(8)(2).
5. In the alternative, if the Court appoints any expert, Plaintiff asks:
a. for the opportunity "to nominate persons for appointment, and to be heard upon the scope of
the appointment," Rid. R. Civ. P. 31(8)(1);
b. that the expert be barred from giving any opinion on justification, liability or the law; and
c. that Defendant, who asked for the appointment, pay the expert's compensation. Rid. R. Evid.
706(5)(2).
WHEREFORE, Plaintiff asks that the motion be denied.
Dated: 10/03/2026 Respectfully submitted:
/s/ STEMPIEE
___________________________
Stempiee
Plaintiff pro se
2
