Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 28, 2014
Your Expert Witness Interview
What questions you should be prepared to answer during your first interview by counsel? Attorney Quentin Brogdon suggests the following: 1. “Are you the best expert?” 2. “What makes you qualified?” 3. “Ever been prevented from testifying?” 4. “Anticipate expert deadline causing any problem?” 5. “What do you need?” 6. “Ever testified for or against opposing party?” 7. Ask about
Read moreFebruary 28, 2014
Expert Witness Financials
How far can opposing counsel go in forcing expert witnesses to disclose their tax returns, financial records, and 1099s? Attorney James Rotondo explains: Expert’s Tax Reports, Financial Records/1099s As part of an effort to impeach an opposing expert witnesses, the cross-examining attorney may request an expert’s financial information in the form of tax or financial records. These records are relevant
Read moreFebruary 28, 2014
Expert Witnesses and Diagrams/Models and Maps
What do expert witnesses need to know about the preparation and use of diagrams, models, and maps at trial? Attorney Timothy S. Tomasik explains: Diagrams/Models/Maps Diagrams, models and maps, have nearly the same foundation requirements as videos and photographs. Generally, diagrams, models, and maps are admissible at the sole discretion of the trial court judge if they fairly and accurately
Read moreFebruary 27, 2014
The Expert Witness Deposition Preparation
Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained: A. How opposing counsel prepares to take your deposition The lawyer taking your deposition will be intimately familiar with your report. By the time of your deposition, he or she will also: – Know your background. – Understand the role you play in your client’s case. – Understand
Read moreFebruary 25, 2014
What Attorneys Really Want In An Expert Witness
How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of events and themes at time
Read moreFebruary 25, 2014
Metallurgist on Temperature of Metal Exhaust Tube
Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 – Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to testify in a products liability
Read moreFebruary 25, 2014
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
Read moreFebruary 23, 2014
Medical Expert Witnesses Availability for Plaintiff and Defense
The American Board of Medical Quality (ABMQ) in their policy on medical expert consulting and testifying (#35) states: Physicians should be available to consult with both the defense or plaintiff bar as this enables both physicians and the public to be protected. Dr. Thomas Gutheil will be speaking at the SEAK National Expert Witness Conference on May 3-4, 2014 in
Read moreFebruary 23, 2014
Forensic Pathologist on Sequence of Gunshots
Should a forensic pathologist who partially relies on witness statements to formulate his opinion on the sequence of gunshots be permitted to testify? The court, in Fancher v. Barrientos, Dist. Court, D. New Mexico 2014 after a Daubert hearing permitted the testimony. The court stated: Dr. Di Maio testified that the generally accepted diagnostic method in the field of forensic
Read moreFebruary 21, 2014
Nurse Expert Witness on Medical Coding and Billing
Should an RN with extensive background in medical coding and billing be permitted to testify that only 30% of short-stay admission had adequate documentation to support the in-patient level of care billed to Medicare? A Florida court said yes and rejected the attempt to exclude her testimony. The court, in US v. Halifax Hospital Medical Center, Dist. Court, MD Florida
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