Why Expert Witnesses Need to Prepare for Deposition and Trial

More and more expert witnesses are reporting that retaining counsel are either unwilling or unable to properly prepare them for their depositions and trials. Why would an attorney spend thousands of dollars on an expert witness and not properly prepare them? Trial attorney and SEAK trainer and attorney Nadine Nasser Donovan explains. Q. Attorney Donovan, how often are expert witnesses

What Expert Witnesses Need to Know About Video Depositions

Expert witnesses are with increased frequency undergoing video depositions. These depositions in differ in many ways from the traditional transcribed depositions. Trial attorney David Markowitz explains. Q. Attorney Markowitz, how do video depositions differ for experts from traditional transcribed depositions? Steno depositions record only the words.  Video depositions record facial expressions, body language, and tone and timbre of voice.  The

Demonstrative Evidence and Expert Witnesses

How can expert witnesses and the attorneys who employ them effectively use demonstrative evidence to present expert testimony?   Trial attorney Karen Koehler explains.   Q. Attorney Koehler, how important is demonstrative evidence to effective presentation of expert witness testimony?   There’s an old Chinese proverb that goes like this:  “Tell me and I’ll forget; show me and I may

Margin of Error and Expert Witness Testimony: Life and Death Decision

The US Supreme Court recently heard the death penalty case of Hall v. Florida. One of the key issues in the case was the margin of error for the IQ test administered to Mr. Hall. In the test in question Hall registered as having an IQ of 71 (although a prior test result was registered as 60.) The liberal justices

How Expert Witnesses Can Excel Before Juries

If you sat down with a trial and jury consultant what advice would you give to expert witnesses? Beth Bochnak, speaking at the SEAK National Expert Witness Conference gave the following advice to expert witnesses: What Do Jurors Want to Hear? 1)     Jurors want you to: a)     Explain complex material in everyday terms b)     Describe processes or procedures in a

Judge gives advice to expert witnesses on how to be more effective

What advice do judges give to expert witnesses about how to be a more effective expert? Read this article to find out. By SEAK, Inc.

What advice do judges give to expert witnesses about how to be a more effective expert? Judge Russell Canan, speaking at the SEAK National Expert Witness Conference gave this advice to experts. Preparation: a.         Review background and experience with attorney. b.         Attorney should review entire case with expert prior to the expert completing the 12(b)(6) statement or being deposed. c.         Expert

Practical Tips in Expert Witness Report Writing: For CPAs and Other Experts

Jeff Balcombe, CPA speaking at the SEAK National Expert Witness Conference gave attendees the following practical tips on expert witness report writing: Stay within your area of expertise Proactively address all key facts, including ones that are contrary to or mitigate your conclusions Don’t be like Sgt. Schultz of Hogan’s Heroes: “I hear nothing, I see nothing, I know nothing!”

Expert Witness Jury Instructions

Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION – EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me also instruct you about expert

Expert Witness Entitled to be Paid for Travel Time

The US district court (D. Virgin Islands) in the case of, Crowell v. RITZ CARLTON HOTEL (VIRGIN ISLANDS), INC., Dist. Court, D. Virgin Islands 2013 dealt with a discovery dispute. The court, being none too pleased with the lack of cooperation in simply taking a deposition was forced to rule on this discovery dispute. The court ordered payment in advance

Treating Physician Testifying as Expert Witness

What happens when a treating physician “morphs” into an expert witness. The courts have held that the party offering expert testimony of a treating physician must comply with Rule 26(a)(2)(b) and provide opposing counsel with the expert’s report. The court, in Gann v. DYNASPLINT SYSTEMS, INC., Dist. Court, D. Nevada 2013 stated: Defendant also argues that Plaintiff violated Rule 26(a)(2)(B)