There is no such thing as a one-size fits all, ideal expert witness report format. Every case is different and every expert witness is different. Indeed, in many cases, retaining counsel may not even want their expert witness to write a report at all. That said, below is a sample expert witness report example outline: [...]
The need for expert witnesses has never been greater than it is today. Litigants rely on expert witness testimony in the vast majority of all civil cases. Unfortunately, few experts receive formal training in such subjects as the expert’s proper role in the legal system; how to communicate opinions effectively at deposition, at trial, and [...]
Forensic experts often get into trouble when listing their writings and publications on their CVs. Care should be taken to be completely accurate in all claims. Was the expert the “author,” a “co-author,” or one of fourteen contributors to an article, chapter, or book? The differences may at first seem subtle and perhaps even insignificant. [...]
Expert Witness Notes and Underlining Experts are frequently questioned at length about notes, underlining, highlighting, and margin notes that appear in their files. Opposing counsel will focus like a laser beam on the expert’s notes because these may provide insight into what the expert felt was important. Expert Witnesses generally handle notes and underlining in [...]
Direct examination of an expert witness is often more challenging than cross examination of an expert witness. This is because during direct examination of an expert witness the expert needs to persuade without appearing to be an advocate or hired gun. Additionally, the expert witness may need to explain complicated concepts in a potentially dry [...]
What Should be Included in an Expert Witness Retainer Agreement All expert witnesses should have a well-drafted expert witness retainer agreement before providing expert witness services. The expert witness retainer agreement is a contract between the attorney that is retaining the expert and the expert witness. The well drafted expert witness contract should of course [...]
How to Draft Your First Expert Witness Report One of the key functions of an expert witness is to draft an expert witness report. There is generally no strict requirement for a particular expert witness report format. A typical expert witness report example may contain: 1. The expert witness assignment (i.e. the role of an [...]
We are often asked how attorneys locate expert witnesses. By far, the number one way that attorneys find expert witnesses is through word of mouth. Attorneys are well connected and readily share information as to which expert witnesses that they have encountered have performed well in the past. Other methods attorneys use to locate expert witnesses [...]
Most civil cases never go to trial. The only testimony given in the case will be at deposition. Expert witnesses commonly testify in 15-20 depositions for every trial appearance they make. Expert witnesses need to excel at their depositions. This will allow them to provide the highest quality work product and encourage repeat and word [...]
Book Review: How to Prepare Your Expert Witness for Deposition James J. Mangraviti, Jr., Esq. and Steven Babitsky, Esq., SEAK, Inc. 2012, 359 pp. Book Review by Michael D. Pakter As medicine, technology, finance and industry have become more complex, taking in 21st century thinking and advances, the use of experts in litigation has become [...]