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Re: PI Licenses - Testifying
Date: March 08, 2007 12:23PM
According to some of the states, it doesn't matter if you are licensed in your home state, you CAN NOT come into their state unless you have a PI LIcense. For example: NEvada.
(IN WRITING FROM THE AG OFFICE) Nevada will allow an expert to legally testify as to the standards of their industry (burn pattern analysis, fire spread, origin and cause procedures), but the second you cross the line and express how such standards are applied or relate to the case at hand (such as yes, this is consistent with....), you are "offering evidence before court" and have to have a PI license. Failure to do so will result in proactive prosecution against the investigator.
At last check:
Nevada's penalties: 1st offense $2500 mandatory fine & lass C misdemeanor
2nd offense $5000 mandatory fine & Gross Class C Misdemeanor
3rd and subsequent offense:
$10000 mandatory each offense and Class C Felony
The Nevada PI Board is part of their AG's Office and they also do not care if all the work was performed in your home state and all you are doing is being called in to court to testify on behalf of your client. They are proactive on their enforcement and WILL issue criminal charges if it is learned that you are in their state illegally. Hence, I and many others do not work Nevada cases. I understand all this came down due to the MGM Grand fire and the sheer volume of outside PIs which took business away from in state PIs.
Of course, this does not apply to federal courts and as such, I recommend to all my clients that regardless of the size of the loss ($50000 or more), they should file to move it to Federal Court. I also advise MY clients to issue a Subpoena to me that way I am complying with an order of the court.
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