Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
November 27, 2020
Courts Employing Virtual Litigation
Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials In Flores v. Town of
Read moreNovember 5, 2020
Virtual Bench Trial Approved
The U.S. District Court E.D. New York dealt with a request for a virtual bench trial in a voting rights act case. The court granted the request for the virtual bench trial and stated: In terms of good cause, plaintiffs argue that “COVID-19 creates perhaps the most compelling circumstances in history in favor of conducting this trial remotely.” DE 188
Read moreJuly 17, 2020
Expert Witness: Credibility of Witnesses
Steven Babitsky, Esq. The U.S. District Court (Alaska) dealt with a professor, Bloom, who proposed testifying “about incentives for snitches and cooperating witnesses . . . to aid the jury by giving a thorough background that they may determine the credibility of cooperating witnesses.” The court relied on Black Letter Law and held he would not be permitted to testifying.
Read moreJune 24, 2020
Expert Witnesses Need to Warm Up in the Bullpen
Steven Babitsky, Esq. I was speaking with an expert witness and he described his problem at deposition: “I do very well generally at my depositions. I am well-prepared, know my stuff, and have experience. The problem is it takes me 20-30 minutes to warm up during my deposition, so in the beginning of them I do not usually do well.”
Read moreMay 19, 2020
Controlling the Expert Witness During Cross Examination
One of the most important techniques trial lawyers are taught is how to control the expert witness during cross-examination. Attorney Phillip H. Miller explains this strategy: Cross-examination is not about a witness testifying; it is about the lawyer eliciting the desired testimony from the witness. Control the witness. If you feel you are not in strict control, follow the first
Read moreApril 17, 2020
Expert Medical Testimony: General Acceptance Not Required
Steven Babitsky, Esq. The court of appeals of Oregon dealt with Plaintiff, Miller, who was in a minor accident and later alleged fibromyalgia as a result of the accident. The court excluded the plaintiff’s medical experts who were to testify as to causation. The court found that although there was no general medical acceptance of the relationship between trauma and
Read moreFebruary 20, 2020
Casting Doubt on Psychological Expert’s Competence and Methodology
Steven Babitsky, Esq. How do trial attorneys attack psychologists and psychiatrists during cross-examination? They are being trained to concentrate on the expert’s competence and methodology. Attorney Renee Welze Livingston writes in the January 2020 issue of For the Defense: How Methodical Investigation Can Cast Doubt on a Psychological Expert’s Competence and Methodology. This revealing article makes many recommendations, including: Thoroughly
Read moreJanuary 28, 2020
The Biggest Mistakes Lawyers Make in Preparing Their Expert Witness for Deposition
Steven Babitsky, Esq. Introduction Many cases rise and fall based on how your expert witness does at their deposition. Here are some of the biggest mistakes lawyers make when preparing their expert witness. Failure to Ask the Expert Witness What They Are Concerned About Most expert witnesses, even the most experienced ones, have issues that they are worried about coming
Read moreDecember 24, 2019
How Expert Witnesses Can Improve Their Deposition Testimony
Steven Babitsky, Esq. One of the keys to success for an expert witness is the ability to excel when testifying at their depositions. There are many ways experts can improve their deposition testimony: Read books on the subject.[1] Attend training specifically dealing with delivering excellent deposition testimony.[2] Learn from experience at their depositions. Have Your Deposition Transcript Critiqued One of
Read moreOctober 9, 2019
The Biggest Mistakes Expert Witnesses Make During Their Direct Testimony
By Steven Babitsky Esq. The direct testimony of an expert witness is often more important than cross examination. During direct testimony, the expert has the only opportunity to tell their story in an organized, chronological, and thoughtful way. Here are 17 mistakes experts often make during their direct testimony with the ways to avoid them. 1. Mistake: Not connecting the
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