Expert Witness Blog

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

January 31, 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

January 27, 2017

Should an Expert Witness Use Multiple CVs?

By James J. Mangraviti, Jr., Esq. Most trial lawyers will start their investigation of an opposing expert witness by obtaining any and all past and present copies of the expert’s curriculum vitae (CV). Many experts have more than one CV. A possible danger is that the use of multiple CVs by an expert witness may imply bias on the part

January 17, 2017

How Jurors Decide Whether or Not to Believe an Expert Witness

By James J. Mangraviti, Jr., Esq. Jurors are commonly faced with the sometimes daunting task of evaluating complex and often conflicting expert witness testimony. It is important for expert witnesses to understand what jurors want from them. Expert witnesses who understand the desires, concerns, and fears of jurors can be much more effective at communicating with and persuading jurors. What

January 11, 2017

How a Trial Attorney Prepares to Cross-Examine an Expert

By James J. Mangraviti, Jr., Esq. Attorneys typically go through a three-step process when they prepare for cross-examination of an adverse expert witnesses. This three-step process includes the following. First, the attorney prepares a detailed investigation of the expert. This could include the following: a careful review of the expert’s CVs, education, writings, and presentations, a careful review of the

September 21, 2016

How a Virtual Assistant for an Expert Witness Can Assist in Collecting Overdue Invoices & Fees

By James J. Mangraviti, Jr. One of the most common sets of questions we receive from our expert witness clients have to do with collections: “I am having trouble getting paid as an expert witness, what do I do?” “How can an expert witness make retaining counsel pay what he/she is owed?” “What do I do when a lawyer refuses

December 2, 2015

Shocking Expert Witness Cross-Examination

How far will some lawyers go when cross-examining an expert witness? Electrical engineer AP Meliopoulos found out the hard way in a Utah case. Dr. Meliopoulos was being cross-examined by Atty. Don Howarth. Judge James Brady described what occurred: 1. Dr. Meliopoulos was an expert witness, called by IPP to testify before this court. 2. During Dr. Meliopoulos’ testimony, Mr. Howarth intentionally

October 2, 2015

Expert Witness Rules, Laws and Procedure in Nevada

Nevada Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Nevada Rules of Civil Procedure, a party may depose opposing experts whose opinions may be presented at trial. Rule 30(d) limits depositions to one seven-hour day, provided that court must allow additional time if needed to fairly examine the deponent. Experts generally are not subject to interrogatories

October 1, 2015

Expert Witness Rules, Laws and Procedure in Nebraska

Nebraska Rules Regarding Expert Witness Depositions and Interrogatories There is no general right to depose expert witnesses in Nebraska, even those that are expected to testify at trial. However, Section 6-326(b)(4)(A)(ii) of the Nebraska Court Rules of Discovery in Civil Cases provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the following section,

September 30, 2015

Expert Witness Rules, Laws and Procedure in Kansas

Kansas Rules Regarding Expert Witness Depositions and Interrogatories Under Section 60-226(b)(5)(A) of the Kansas Statutes, a party may depose opposing experts whose opinions may be presented at trial. The Kansas rules do not provide a specific time limit for depositions. However, Section 60-230(d) provides that at any time during a deposition, the deponent or a party can move to end

September 29, 2015

Expert Witness Rules, Laws and Procedure in New Mexico

New Mexico Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 1-026(B)(6)(b) of the New Mexico Rules of Civil Procedure, a party may depose opposing experts whose opinions may be presented at trial. Rule 1-030(D)(2) limits depositions to one seven-hour day, provided that court must allow additional time if needed to fairly examine the deponent. Experts generally are not subject