Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
March 9, 2015

Expert Witness Preparation

Expert witnesses are all too often going into depositions, hearings, and trials with little or no preparation from counsel. As a consultant who helps prepare expert witnesses for depositions and trials, I always ask the expert: How much preparation did the retaining lawyer provide you? The answers range from: – None – Spoke for 30 minutes at Starbucks – Met

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March 4, 2015

Expert Witness Rules, Laws and Procedure in Illinois

Illinois Rules Regarding Expert Witness Depositions and Interrogatories  Testifying experts may be subject to deposition in Illinois. Under Rule 206(d) of the Illinois Supreme Court Rules, depositions are generally limited to three hours. Experts retained only for consulting purposes, on the other hand, may only be subject to discovery under exceptional circumstances as described below, and, as such, are generally

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March 4, 2015

Expert Witness Rules, Laws and Procedure in Texas

Texas Rules Regarding Expert Witness Depositions and Interrogatories  Experts retained to provide trial testimony may be subject to deposition in Texas under Rule 190.3(b)(2) of the Texas Rules of Civil Procedure. The Rules of Civil Procedure generally do not provide guidance on how long any individual may be deposed, but does limit the total time for depositions of “parties on

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March 4, 2015

Expert Witness Rules, Laws and Procedure in California

California Rules Regarding Expert Witness Depositions and Interrogatories  As described in the following section, both parties to a case must disclose the identity of and other information regarding the expert witnesses they expect to call at trial upon demand by either party. Under Section 2034.410 of the California Code of Civil Procedure, any expert disclosed pursuant to that requirement may

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March 4, 2015

Expert Witness Rules, Laws and Procedure in Florida

Florida Rules Regarding Expert Witness Depositions and Interrogatories  Under Rule 1.280(b)(5)(A)(iii) of the Florida Rules of Civil Procedure, any expert expected to provide testimony at trial may be deposed. There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition for cause. Experts may not

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January 15, 2015

10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge

In these Daubert situations, the expert witness very often has more at risk than the lawyer. Here are 10 things expert witnesses can do to protect themselves from successful Daubert attacks.

10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge Expert witnesses of all disciplines including accountants, engineers, appraisers, physicians, patent experts, damages experts, etc. are increasingly facing Daubert challenges. In a Daubert challenge opposing counsel will generally file a motion to disqualify the expert witness. This motion to disqualify will allege that the expert is unqualified or

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September 5, 2014

Expert Witness Cross Examination Advice From SEAK

VIDEO - Jim, what are the three most important things expert witnesses need to know about cross examination?

Hi. My name is Steve Babitsky. I’m the president of SEAK. I’m here today with my partner Attorney James Mangraviti from SEAK. We’re going to be talking about an extremely important topic for expert witnesses; cross examination. Jim, what are the three most important things experts need to know about cross examination? Jim Mangraviti: Sure. Thanks for the question, Steve.

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September 4, 2014

Expert Witness Depositions

VIDEO - The 3 most important things that experts need to know about their expert witness depositions.

Expert Witness Depositions Hi, I’m Steve Babitsky, President of SEAK, Incorporated. I’m here today with Attorney James Mangraviti, and we’re going to be talking about expert witness depositions. What are the three most important things that experts need to remember about expert witness depositions? Jim Mangraviti: Okay. I would say things that I teach my experts over and over again,

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July 31, 2014

State Specific Rules Governing Testifying as an Expert Witness in Medical Malpractice Case

Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as:

Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as: Board Certification Licensure Not being a full-time “Professional Witness” Current or recent clinical practice or teaching or research experience Same specialty as defendant Licensure from a state requiring same or greater qualifications of subject state Complete review

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March 15, 2014

How aggressive can and should expert witnesses be in marketing their practices

Interview with Restaurant Expert Witness Howard Cannon was asked: Q. Mr. Cannon, how aggressive can and should expert witnesses be in marketing their practices? A. If an expert expects to get any sort of real and lasting visibility he/she must outwork and out-think his/her competitors in the marketplace and he/she must understand that marketing intensity, frequency, reach, and visibility are

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