30 Miss. Code. R. 901-4.5 - Limited Licensure for Expert Technical Testimony

1. Subject to the provisions of item 2 below, any person not licensed to practice engineering in this state and who desires to provide expert testimony in the field of engineering in the form of an opinion or otherwise in any judicial or administrative proceeding, must apply to the Board for a limited license. Said license shall be administratively granted, provide that each such person shall:

a. provide his or her full name, residence address, office address, voice and facsimile telephone numbers, and email address;

b. provide the full name, office address, voice and facsimile telephone numbers, and email address for each firm, practice group of other entity with which he or she is associated in the practice of engineering;

c. provide evidence that he or she is licensed to practice engineering in another jurisdiction and is in good standing in that jurisdiction;

d. bind himself or herself to adhere to the principles of ethics and professional responsibility general applicable to persons licensed to practice engineering in Mississippi;

e. give notice to the board of the fact of his or her initial appearance as aforesaid, in substantial compliance with a form to be made available by the Board prior to or within thirty (30) days after providing such testimony, as may be prescribed by the Board (no notice is required for subsequent appearances if the limited license is still current and in good standing);

f. pay the current application fee for the initial appearance and, if desired, renew the limited license when it expires;

g. submit himself or herself to the jurisdiction of the Board of Licensure for the application, administration and enforcement of this rule.

2. This rule does not apply to any practice, work or service exempt fromMiss. Code Ann. Sections 73-13-1 through 73-13-45 byMiss. Code Ann. Section 73-13-41, and shall not be construed to prevent or affect the right of any person to provide testimony concerning any such practice, work or service. By way of example, and not of limitation, a person, who provides work or service "under the responsibility, checking and supervision" of a licensee, may, without the limited license required by Section 1, testify fully in any judicial or administrative proceeding in this state concerning such work or services, including his or her opinions, other findings, and the grounds therefore relating to such work or services, including expert testimony in the field of engineering to the extent permitted or required by the court or agency within whose jurisdiction the testimony is provided and the judicial or administrative processes pertaining thereto.

3. Nothing contained in this rule or in the Board's administration thereof may unreasonably burden any state or federal court or any administrative agency in the administration of rules governing the permissibility of, and admissibility of, testimony by expert witnesses in the form of an opinion or otherwise.

Notes

30 Miss. Code. R. 901-4.5

Miss. Code Ann. § 73-13-15

Amended 1/1/2020