Testimony

Twenty-Five Tips for an Expert Witness to Excel During Cross Examination

By James J. Mangraviti, Jr., Esq. Superior performance by an expert witness during cross examination requires employing techniques which will help the expert maintain his credibility and, potentially, even strengthen his opinion.  Here are twenty-five suggestions for expert witnesses: 1. Tell the truth. 2. Prepare thoroughly. 3. Prevent—don’t give counsel ammunition. 4. Be yourself, unless you’re a jerk. 5. Actively listen to each and every

How an Expert Witness Should Prepare for Cross-Examination

By James J. Mangraviti, Jr., Esq. Proper preparation is an absolute requirement to for an expert witness to excel during cross-examination.  Proper preparation includes a pre-trial meeting with retaining counsel and preparation done by the expert witness on her own.  During the pre-trial meeting with retaining counsel the expert should: • get a read on opposing counsel, • get a read on

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

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

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

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

Forensic Psychiatrists: Daubert Challenges

Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time and effort to assist counsel

Expert Witness Cross-Examination: CV

Can an expert witness be cross-examined about inconsistencies in his CV in a criminal child abuse case? A Florida court, in the case of KAREEM DANIEL FARRELL, v.  STATE OF FLORIDA, No. 4D13-2589, May 13, 2015 held he should. The court stated: Appellant next called Dr. Lloyd, a biomechanist with the Department of Veterans’ Affairs. Appellant asked Dr. Lloyd generally

Counsel Coaching Expert Witnesses at Deposition

Why do attorneys “act out” during the deposition of expert witnesses and coach “their expert?” Because they can. The kind of tactics lawyers are using at deposition include:

Why do attorneys “act out” during the deposition of expert witnesses and coach “their expert?” Because they can. The kind of tactics lawyers are using at deposition include: Objective to almost all of the questions. Interrupting and asking counsel “to be more specific.” Coaching the expert and telling him to “answer if he knows,” etc. Some courts have been moved

10 Steps Expert Witnesses Can Use to Excel at Their Deposition

As only 3-5% of civil cases proceed to trial, the expert’s deposition has taken on increased importance. Experts who do not excel during their depositions are unlikely to be successful. Here are 10 steps expert can use to excel during their deposition. Understand what you will and will not be offering opinions on. Be able to explain your opinions simply