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Re: Really - How Many People Use 1033 - Q&A
Date: July 10, 2007 01:15PM
Pat:
Get ahold of Cozen & O'Connor. The Philly office published the the following document in Feb 2005 and I am unaware if there are any updates since. You can find it on their website.
The document DOES NOT address the PI licensing issue, only whether Expert Witnesses are allowed to testify whether they are licensed or not.
JURISDICTIONS COMPARATIVE CHART: PRIVATE INVESTIGATOR LICENSING REQUIREMENTS FOR EXPERTS
Here are a few excerpts for your review.

Alabama Ala. Code §40-12-93
Statute only applies to “detective agencies.”
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Arizona Ariz. Rev. Stat. Ann. 32-2401 §16(a)(vi)
Applies to persons investigating the cause and origin of, or responsibility for, a fire, libel, slander, a loss, an accident, damage or an injury to real or personal property.
No Effect As to Engineers: Attorney General Opinion determined that engineers called to investigate cause and origin of fires and testify as experts do not need a private investigator license. See Ariz. Opp. Atty. Gen. 37, 1991 W.L. 488332.
Private investigator is a person who gathers "evidence to be used before any court…” Landi v. Arkules, 835 P.2d 458, 466 (Ariz. Ct. App. 1992).
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Florida Fla. Stat. § 493.6101(17)(f)
Applies to persons investigating the causes and origin of, or responsibility for, fires, libels, slanders, losses, accidents, damage, or injuries to real or personal property and the business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.
Undecided: Courts have not yet addressed the issue. Does not apply to insurance investigators or persons licensed by state or federal licensing authority when such a person is providing expert advice. Fla. Stat. § 493.6102(2)
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Kansas Kan .Stat. Ann. § 75-7b01(a)(4), (5)
Applies to persons investigating the cause or responsibility for fires, libels, losses, frauds, accidents or damage or injury to persons or to property; or securing evidence to be used before any court, board, officer or investigating committee.
No Effect: Private fire investigators and other experts need not be licensed to testify in court. Kansas Atty. Gen. Op. No. 87-138, 1987 WL 290366 (Sept. 18, 1987
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North Carolina N.C. Gen. Stat. § 74C-3
Applies to persons investigating the cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to properties or securing evidence to be used before any court, board, officer, or investigative committee.
Undecided: Courts have not yet addressed the issue. Professional engineers and consultants performing laboratory tests or analyses are exempt from the licensing
requirements of the statute. Opinion of N.C. Attorney General, 57 N.C. Op. Atty. Gen. 47, 1987 WL 269245 (October 6, 1987).
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New Jersey N.J. Stat. Ann. § 45:19-9
Applies to persons investigating the causes and origin of, or responsibility for, fires, libels, accidents, damage, injuries or losses to persons, firms, associations or corporations or the securing of evidence to be used before any
investigating committee, board of award, board of arbitration, or in the trial
of any civil or criminal cause.
Undecided: Courts have not yet addressed the issue. But see Mizrahi v. Allstate Insurance Co., 647 A.2d 486 (N.J. Super. 1994)(witness not licensed as an insurance consultant under the N.J. Insurance Producer Licensing Act prohibited
from offering expert testimony, because the licensing statute covers the rendering of “opinions”).
Really - How Many People Use 1033 - Q&A
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