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 [...]
By James J. Mangraviti, Jr., Esq. Most trial lawyers will start their investigation of an opposing expert witness by obtaining any and all past and present copies of the expert’s curriculum vitae (CV). Many experts have more than one CV. A possible danger is that the use of multiple CVs by an expert witness may [...]
By James J. Mangraviti, Jr., Esq. Jurors are commonly faced with the sometimes daunting task of evaluating complex and often conflicting expert witness testimony. It is important for expert witnesses to understand what jurors want from them. Expert witnesses who understand the desires, concerns, and fears of jurors can be much more effective at communicating [...]
By James J. Mangraviti, Jr., Esq. Attorneys typically go through a three-step process when they prepare for cross-examination of an adverse expert witnesses. This three-step process includes the following. First, the attorney prepares a detailed investigation of the expert. This could include the following: a careful review of the expert’s CVs, education, writings, and presentations, [...]
By James J. Mangraviti, Jr. One of the most common sets of questions we receive from our expert witness clients have to do with collections: “I am having trouble getting paid as an expert witness, what do I do?” “How can an expert witness make retaining counsel pay what he/she is owed?” “What do I [...]
How far will some lawyers go when cross-examining an expert witness? Electrical engineer AP Meliopoulos found out the hard way in a Utah case. Dr. Meliopoulos was being cross-examined by Atty. Don Howarth. Judge James Brady described what occurred: 1. Dr. Meliopoulos was an expert witness, called by IPP to testify before this court. 2. During Dr. [...]
Nevada Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Nevada Rules of Civil Procedure, a party may depose opposing experts whose opinions may be presented at trial. Rule 30(d) limits depositions to one seven-hour day, provided that court must allow additional time if needed to fairly examine the deponent. Experts generally [...]
Nebraska Rules Regarding Expert Witness Depositions and Interrogatories There is no general right to depose expert witnesses in Nebraska, even those that are expected to testify at trial. However, Section 6-326(b)(4)(A)(ii) of the Nebraska Court Rules of Discovery in Civil Cases provides that, upon motion, a court may order discovery beyond the generally allowed means, [...]
Kansas Rules Regarding Expert Witness Depositions and Interrogatories Under Section 60-226(b)(5)(A) of the Kansas Statutes, a party may depose opposing experts whose opinions may be presented at trial. The Kansas rules do not provide a specific time limit for depositions. However, Section 60-230(d) provides that at any time during a deposition, the deponent or a [...]