The Connecticut Supreme Court will be hearing a case involving the Town of Redding today. The case centers around Redding Life Care, LLC, filing a tax appeal in the trial court to challenge the town's assessment of its property. The Supreme Court will take up the matter at 10am.
An appraiser conducted two reviews on behalf of banks considering lending the company money, and the town wanted to compel the appraiser to testify in a deposition. The appraiser moved for a protective order, noting that he had not been retained by either of the parties to the tax appeal and claiming that Connecticut law prohibited compelling his unretained expert testimony.
The trial court denied his motion. The Appellate Court reversed the ruling, holding for the first time that Connecticut law recognizes a qualified unretained expert privilege.
The Supreme Court will consider first whether it has jurisdiction to review the Appellate Court’s final determination. If the Supreme Court determines that it has jurisdiction, it will next decide whether Connecticut recognizes a qualified expert testimonial privilege permitting an unretained expert to withhold testimony regarding an opinion that the expert has previously rendered and documented in a written report and, if so, what the scope of that privilege is.