Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.

November 7, 2017

Why a Patent Expert Witness May Be at Trial For an Extended Period of Time

Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques A trial process, plaintiff goes first, gets to put on their case. They explain why the patent’s infringed. Then the defendant comes up. Defendant says it’s not infringed and it’s invalid. Plaintiff gets to go up again and say the patent is valid, kind

August 3, 2017

Law and Rules Regarding Expert Witness Sequestration in Alabama

The sequestration of expert witnesses falls under Alabama’s Rules of Evidence, Rule 615. ALA. CODE § 6-615 (2017). This rules allows the court to exclude a witness from the courtroom as to not hear the testimony of other witnesses when a party requests or the court can order it on its own. Id. The rule has four exceptions and the

March 8, 2017

How an Expert Witness Should Prepare for Deposition

By James J. Mangraviti, Jr., Esq. Expert witnesses who thoroughly prepare are far more likely to excel during their depositions. The benefits to diligent preparation include the following: • increased confidence and peace of mind for the expert and • increased likelihood that the expert will testify to the best of his ability. SEAK recommends several strategies for adequate deposition preparation: • Hold

March 3, 2017

Expert Witness Subpoena Duces Tecum – Advice for Expert Witnesses

By James J. Mangraviti, Jr., Esq. In many cases, a subpoena of the type that requires the production of certain items will accompany the expert witness’s notice of deposition. This type of subpoena is a subpoena duces tecum. The subpoena duces tecum is a very powerful discovery tool because it forces persons or parties who are not parties to the

February 27, 2017

15 Tips for an Expert Witness to Excel at a Video Deposition

By James J. Mangraviti, Jr., Esq. It is especially important to excel during an expert witness video deposition. SEAK recommends the following: 1. Prepare with counsel and practice before a video camera to correct annoying, distracting, or unfavorable mannerisms, methods of answering questions, or nervous habits. Prepare with counsel and practice before a video camera. Upon reviewing the video, you

February 17, 2017

What an Expert Witness Will Be Asked During Cross Examination

By James J. Mangraviti, Jr., Esq. To excel during cross-examination, experts should understand what they are likely to be asked. In fact, experts should consider the likely areas of cross-examination they will face as part of their preparation process. The expert should prepare truthful and artful answers to these questions. Experts are likely to be questioned on some or all

February 13, 2017

What an Expert Witness Can Legally Be Asked During Cross Examination

By James J. Mangraviti, Jr., Esq. There is a long-standing policy in American law encouraging vigorous, thorough cross-examination of expert witnesses. Attorneys are generally given wide latitude when cross-examining experts. What is and is not allowed to be asked during cross-examination is in the discretion of the trial judge, subject to the applicable rules of evidence in the jurisdiction in

February 10, 2017

Twenty-Five Tips for an Expert Witness to Excel During Cross Examination

By James J. Mangraviti, Jr., Esq. Superior performance by an expert witness during cross examination requires employing techniques which will help the expert maintain his credibility and, potentially, even strengthen his opinion. Here are twenty-five suggestions for expert witnesses: 1. Tell the truth. 2. Prepare thoroughly. 3. Prevent—don’t give counsel ammunition. 4. Be yourself, unless you’re a jerk. 5. Actively listen to each and every

February 6, 2017

How to Become an Expert Witness Who is Feared by Opposing Counsel

By James J. Mangraviti, Jr., Esq. An expert witness who is feared and respected by the opposition is known as a dangerous expert. Dangerous experts are extremely valuable to retaining counsel, are in high demand, and command premium fees. A truly dangerous expert is one that is highly resistant to cross-examination and who is able to take advantage of the

February 3, 2017

How an Expert Witness Should Prepare for Cross-Examination

By James J. Mangraviti, Jr., Esq. Proper preparation is an absolute requirement to for an expert witness to excel during cross-examination. Proper preparation includes a pre-trial meeting with retaining counsel and preparation done by the expert witness on her own. During the pre-trial meeting with retaining counsel the expert should: • get a read on opposing counsel, • get a read on