It is only natural that defendants and plaintiff alike will employ only those who support their position under our existing system of expert selection. Parties are free to shop any number of potential experts until they locate one who supports their position. The factfinder is rarely aware of the numerous experts who may have rejected the advocate position. The law has long recognized the natural allegiance one generally has to the one from whom payment is received. In addition, experts are not exempt from normal human frailties, and their position might be affected by the amount of the fee received for services rendered.
Truth is the province of the trial judge and the jury.
It is in the search for truth and justice that the trial court has great discretion in the control of a case. If the subject service does not get a significant portion of its business from both plaintiffs and defendants, such condition would authorize a presumption of bias and dependence and authorized the trial court to act. It is important that trial courts be fair in the exercise of their discretion and in limiting evidence. Except in the most egregious of cases the trial court should seek to permit the parties to select replacement experts who are truly independent, unbiased experts who are truly independent, unbiased experts or services, where bias is found. Such issue must be timely raised by the party asserting expert bias so as not to unduly delay the trial of such case or to result in injustice.