Opposing counsel generally can have one or more overall objectives for deposing an expert witness. Counsel may want to set up the expert for a Daubert challenge or use his answers for another pre-trial motion. Opposing counsel can be expected to prepare very diligently for an expert’s deposition. To excel, your expert must prepare as [...]
It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the [...]
In the end, most trials boil down to one issue and only one issue—credibility. Therefore, the adverse party may try to subtly, or not so subtly, impeach or reduce the credibility of an expert witness. This is completely proper. This section is designed to teach, in a very basic way, some of the evidentiary rules dealing with an [...]
Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is [...]
SEAK can teach you how to quickly and dramatically improve your deposition skills. Please join us in San Diego on Saturday-Sunday, January 25-26, 2014 for How to Excel at Your Expert Witness Deposition. This is SEAK’s highly acclaimed, fast moving, content rich deposition skills training program. We feature videos of experts testifying at depositions in [...]
Please join us for How to Start, Build, and Run a Successful Expert Witness Practice on Thursday-Friday, January 23-24, 2014 in San Diego, California. This is SEAK’s signature expert witness practice management training program. It is designed for both prospective and experienced expert witnesses. We will show you: How to exceed the expectations of retaining [...]
Expert witnessing can be an excellent way for professors to supplement their incomes. Expert witnesses earn hundreds of dollars per hour for their time (I recently had a marketing professor in my class who billed his time out at $650/hour). Best of all, most expert witness work consists of research, document review, report writing and [...]
Expert witness qualifications are governed by Federal Rule of Evidence 702 which states: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to [...]
We are often asked if retired people can do expert witness work. The short answer is, yes. Expert witnesses in Federal Court are governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify [...]
The US District Court Nevada, in the case of Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition. The court found he was, in fact, entitled to an expert witness fee, [...]