In Federal District Court, Errata Sheets are governed statutorily by 5 U.S.C.A. § 30 (West 2017), specifically §30(e). This rule allows a witness to change deposition testimony via an errata sheet if a request is made to do so before the completion of the deposition. The errata sheet must be completed within 30 days after [...]
By James J. Mangraviti, Jr., Esq. Expert witnesses who thoroughly prepare are far more likely to excel during their depositions. The benefits to diligent preparation include the following: • increased confidence and peace of mind for the expert and • increased likelihood that the expert will testify to the best of his ability. SEAK recommends several strategies [...]
By James J. Mangraviti, Jr., Esq. In many cases, a subpoena of the type that requires the production of certain items will accompany the expert witness’s notice of deposition. This type of subpoena is a subpoena duces tecum. The subpoena duces tecum is a very powerful discovery tool because it forces persons or parties who [...]
By James J. Mangraviti, Jr., Esq. It is especially important to excel during an expert witness video deposition. SEAK recommends the following: 1. Prepare with counsel and practice before a video camera to correct annoying, distracting, or unfavorable mannerisms, methods of answering questions, or nervous habits. Prepare with counsel and practice before a video camera. [...]
By James J. Mangraviti, Jr., Esq. To excel during cross-examination, experts should understand what they are likely to be asked. In fact, experts should consider the likely areas of cross-examination they will face as part of their preparation process. The expert should prepare truthful and artful answers to these questions. Experts are likely to be [...]
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 [...]
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 [...]
By James J. Mangraviti, Jr., Esq. An expert witness who is feared and respected by the opposition is known as a dangerous expert. Dangerous experts are extremely valuable to retaining counsel, are in high demand, and command premium fees. A truly dangerous expert is one that is highly resistant to cross-examination and who is able [...]
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 [...]
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 [...]