Why do attorneys “act out” during the deposition of expert witnesses and coach “their expert?” Because they can. The kind of tactics lawyers are using at deposition include: Objective to almost all of the questions. Interrupting and asking counsel “to be more specific.” Coaching the expert and telling him to “answer if he knows,” etc. [...]
As only 3-5% of civil cases proceed to trial, the expert’s deposition has taken on increased importance. Experts who do not excel during their depositions are unlikely to be successful. Here are 10 steps expert can use to excel during their deposition. Understand what you will and will not be offering opinions on. Be able [...]
The United States District Court, W.D. Pennsylvania in the case of THOMAS JAMES NEWILL, v. CAMPBELL TRANSPORTATION COMPANY, INC. No. 2:12-cv-1344 dealt with the testimony of the expert Smith on the seaworthiness of a barge. The court found that the expert did not improperly comment on the credibility of witnesses when he stated: Neither men [...]
Expert witnesses are increasingly being challenged, and in many cases being disqualified under Daubert. When attorneys suspect retaining counsel has effectively “written” the expert’s report, attorneys are using this to pursue disqualification of the expert. In the case of MOBILE MEDICAL INTERNATIONAL CORPORATION, v. ADVANCED MOBILE HOSPITAL SYSTEMS, INC., Case No. 2:07-cv-231, United States District [...]
Experience and successful expert witnesses are now often using demonstrative evidence such as powerpoints, models, videos, animations, photographs, 3D laser data, etc. during their direct examination. This demonstrative evidence needs to be presented to counsel and approved by the Judge prior to its use. Effective demonstrative evidence can turn a dry recitation of the science [...]
Expert witnesses are all too often going into depositions, hearings, and trials with little or no preparation from counsel. As a consultant who helps prepare expert witnesses for depositions and trials, I always ask the expert: How much preparation did the retaining lawyer provide you? The answers range from: - None - Spoke for 30 [...]
While many expert witnesses and trial attorneys focus their time on prepping for cross-examination, the key to success often lies in a powerful persuasive direct examination. Expert witnesses want to work with retaining counsel to: Humanize the expert. Lay out an interesting and persuasive narrative. Diffuse any damaging information that is likely to arise during [...]
North Carolina Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4) of the North Carolina Rules of Civil Procedure, experts in North Carolina may only be subject to deposition, or any form of discovery beyond interrogatories exchanged by the parties, upon court order. Such an order will be granted where a party’s disclosures [...]
Michigan Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 2.302(4)(a)(ii) of the Michigan Court Rules, experts who are expected to testify at trial may be deposed. Michigan laws and rules do not specify a time limit for depositions, but Rule 2.306(B)(2) provides that the court may increase or decrease the time allowed for [...]
Georgia Rules Regarding Expert Witness Depositions and Interrogatories Under § 9-11-26(b)(4)(A)(ii) of the Georgia Code, experts who are expected to testify at trial may be deposed in the same manner as any other witness. Oral depositions are governed by § 9-11-30, which does not provide a general time limit for depositions, but does state [...]