Testimony

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

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

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)

How much privacy do expert witnesses have when testifying at trial?

The US Court of Appeals in US v. Ignasiak, 667 F. 3d 1217 – Court of Appeals, 11th Circuit 2012 reversed the conviction of a physician for health care fraud (dispensing controlled substances.) The court found that the government improperly withheld crucial information about a medical expert who “regularly” testified for the government. The court stated: To briefly provide background,

Expert Witness: 3-1 Ratio Deposition Preparation Rule

In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb. The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

How Attorneys Can Improve How Their Expert Witness Appears on Videotaped Depositions

Videotaped depositions of expert witnesses are being used with increased frequency. During impeachment, clips from a videotaped deposition can make a dramatic impression on the jury or fact finder. Preparing an expert for videotaped deposition means you will have to concern yourself with the additional issues of the expert’s: • General appearance, • Distracting or unpleasant mannerisms, • The pace