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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 [...]

By |2019-08-22T13:14:54-04:00August 7th, 2019|Blog, Uncategorized|Comments Off on 10 Questions Expert Witnesses Need to be Able to Answer at Deposition and Trial

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 |2019-01-14T14:49:04-05:00January 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 |2018-01-16T06:17:07-05:00January 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 |2018-01-15T07:53:23-05:00January 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 |2018-01-13T07:02:28-05:00January 13th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in West Virginia?

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 [...]

By |2018-01-12T06:32:08-05:00January 12th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Washington, D.C.?

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 [...]

By |2018-01-10T06:18:37-05:00January 10th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Utah?