What is the legal liability of an expert witness The law generally affords certain immunities to an expert witness from civil liability stemming from testimony or communications made in the course of litigation. The law on this subject is somewhat sparse and varies from state to state, but the expert witness should note the following [...]
Role of An Expert Witness Expert witnesses are allowed under the rules of evidence to “help the trier of fact to understand the evidence or to determine a fact in issue” (See Federal Rule of Evidence 702). The trier of fact in a jury trial is the jury and the trier of fact in a [...]
Expert Witness Questions Expert witnesses should anticipate the types of questions which they will face at deposition and during direct and cross examination. The types of questions the expert witness is likely to face while testifying at deposition and during direct and cross examination varies greatly. An expert witness in civil cases is on average [...]
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 [...]