Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
August 7, 2019
10 Questions Expert Witnesses Need to be Able to Answer at Deposition and Trial
By: Jessica Mahon Scoles, Esq. An expert witness who will be testifying, whether it is at deposition or trial, should be prepared to deal with these 10 routine areas of inquiry. 1. Bias Experts will be cross-examined about their real or imagined bias. Counsel who can demonstrate or raise doubts about the expert’s bias can quickly destroy the credibility of
Read moreJanuary 14, 2019
Do I Really Need Expert Witness Training?
We at SEAK are often asked by new experts should I get some expert witness training before accepting cases. The short answer is yes. As an expert witness you will be expected by counsel who is retaining you to be conversant and familiar with many aspects of expert witness practice. Technically, anyone can usually be an expert witness in their
Read moreOctober 30, 2018
How to Write a CurriculumVitae (CV) For Expert Witness Work
Hi, my name is Steve Babitsky. I’m the President of SEAK, and I’m here today with Attorney James Mangraviti from SEAK. We’re going to be talking about a curriculum vitae for expert witnesses. Jim, why is it important for expert witnesses to have a curriculum vitae or CV? Jim Mangraviti: A very simple reason, you’re not going to get hired
Read moreJune 7, 2018
The Biggest Mistakes Experts Make in Succession Planning
Steven Babitsky, Esq. Many successful expert witnesses have viable and profitable businesses. The desire to “keep at it” often prevents experts from forming a viable succession plan. In fact, well thought out succession plans often enable expert witnesses to continue working, be more selective in their assignments, and provide income when they do decide to retire. The biggest mistakes experts
Read moreMay 17, 2018
Daubert Expert on Risk Assessment for Expert Witness Challenges
By Steven Babitsky, Esq. Expert witnesses of all specialties are facing an increasing numbers of Daubert challenges. The admissibility rate varies by area of expertise. Physicians, when testifying in certain areas, have approximately a 50% exclusion rate with many financial experts (fraud 52% and intellectual property 51%) a little higher.[1] What can and should expert witnesses do to judge their
Read moreJanuary 16, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Wyoming?
The state of Wyoming follows the Daubert test for the admissibility of expert witness testimony. Wise v. Ludlow, 346 P.3d 1 (Wyo. 2015). Under this test, the court should ensure that expert testimony is reliable and “fits the facts of the particular case.” Id. Additionally, the focus of this test is on the “methodology or technique” used by the expert
Read moreJanuary 15, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Wisconsin?
The state of Wisconsin follows the Daubert test for the admissibility of expert witness testimony. State v. Giese, 854 N.W.2d 687 (Wis. Ct. App. 2014). This rule finds expert witness testimony admissible if it is “based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods
Read moreJanuary 13, 2018
Is Daubert or Frye used for expert witness testimony admissibility in West Virginia?
The state of West Virginia follows the Daubert test for the admissibility of expert witness testimony. San Francisco v. Wendy’s Intern., Inc., 656 S.E.2d 734 (W. Va. 2007). Under this test, the court asks: “(1) is the witness an expert; and, if so, (2) is the expert’s testimony relevant and reliable?” Id. To determine this, the court analyzes whether the
Read moreJanuary 12, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Washington, D.C.?
The district of Washington, D.C. follows the Frye test for the admissibility of expert witness testimony. Jones v. U.S., 27 A.3d 1130 (D.C. Cir. 2011). Under this test, expert testimony is not admissible unless it has “gained general acceptance in the particular field in which it belongs.” Id. However, general acceptance “does not require unanimous approval.” Id. Once a specific
Read moreJanuary 10, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Utah?
The state of Utah does not follow the Daubert or Frye for the admissibility of expert witness testimony, but instead follows the Rimmasch test. Haupt v. Heaps, 131 P.3d 252 (Utah Ct. App. 2005). The Rimmasch test focuses on the reliability of the expert’s testimony, particularly in cases where the expert utilized “novel scientific principles or techniques” to reach its
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