Testifying Training Blog

/Testifying Training Blog/

The Most Common Mistakes Expert Witnesses Make at Deposition

Even experienced experts can improve their deposition performance by avoiding these common mistakes: 1. Not Actively Listening Many experts do not effectively employ active listening skills at their deposition. Hearing and understanding each and every word in the question is crucial. If you do not understand a question, you should not answer it. 2. Interrupting [...]

By |2019-08-09T11:52:34-04:00August 9th, 2019|Blog, Uncategorized|Comments Off on The Most Common Mistakes Expert Witnesses Make at Deposition

EXCELLING AT EXPERT WITNESS DIRECT EXAMINATION: A CHECKLIST FOR EXPERTS

While direct examination is not as emotionally challenging as cross-examination, direct examination is often more difficult for an expert to excel at than cross. During direct examination, the expert must explain material that may be highly complex or dry to a lay audience -- the jury. The expert must do so persuasively, but without appearing [...]

By |2019-08-07T09:58:26-04:00August 7th, 2019|Blog, Uncategorized|Comments Off on EXCELLING AT EXPERT WITNESS DIRECT EXAMINATION: A CHECKLIST FOR EXPERTS

10 Questions Expert Witnesses Need to be Able to Answer

By: Jessica Mahon Scoles, Esq. The expert witnesses will want to be prepared to deal with these 10 areas of inquiry they will routinely be faced with. 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 [...]

By |2019-08-07T09:59:57-04:00August 7th, 2019|Blog, Uncategorized|Comments Off on 10 Questions Expert Witnesses Need to be Able to Answer

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 [...]

By |2019-01-14T14:49:04-04:00January 14th, 2019|Uncategorized|Comments Off on Do I Really Need Expert Witness Training?

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 [...]

By |2018-10-30T07:31:18-04:00October 30th, 2018|Blog|Comments Off on How to Write a CurriculumVitae (CV) For Expert Witness Work

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 [...]

By |2018-06-07T08:23:46-04:00June 7th, 2018|Uncategorized|Comments Off on The Biggest Mistakes Experts Make in Succession Planning

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 [...]

By |2018-05-17T14:12:40-04:00May 17th, 2018|Uncategorized|Comments Off on Daubert Expert on Risk Assessment for Expert Witness Challenges

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 [...]

By |2018-01-16T06:17:07-04:00January 16th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Wyoming?

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 [...]

By |2018-01-15T07:53:23-04:00January 15th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Wisconsin?

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, [...]

By |2018-01-13T07:02:28-04:00January 13th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in West Virginia?