What is the Definition of an Expert Witness? The Legal Requirements to Qualify As an Expert Witness Federal Rule of Evidence 702 governs the qualifications of expert witnesses. Fed. R. Evid. 702. Expert Witness Testimony Expert Witness Definition If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to [...]
What is the Expert Witness Code of Conduct? Expert witnesses need a full understanding of the moral, legal, and financial reasons for acting in an ethical manner. Violating the expert witness code of conduct can be and, in many cases, will be subject to a variety of sanctions including prosecution for perjury, civil suits, monetary [...]
Before testifying at deposition, expert witnesses should request a preparation session with retaining counsel. To make deposition preparation more productive, the expert should have a list of questions ready to ask counsel. Attorney Nadine Nasser Donovan, writing for SEAK, recommends the following 20 questions as a starting point: 1. Do I have everything? 2. What [...]
Expert witnesses are increasingly facing Daubert and other challenges to their expert witness testimony and opinions. What can expert witnesses to do to increase the likelihood that their testimony will survive such challenges? Attorney Adam Bain, writing for SEAK, provides four tips to prevent exclusion of your expert witness opinions. (1) Ensure that you have [...]
Judge Susan Burke, writing for SEAK, offers the following tips for expert witnesses: 1. Highlight Your Relevant Qualifications • Do not ramble on about every residency, professional association, honor, and peer reviewed article. • Focus on relevant experience. • Include memorable experience if possible. • The goal is to demonstrate to the jury that you [...]
Hi, my name is Steve Babitsky. I'm the President of SEAK, and I'm here today with Attorney James Mangraviti from SEAK. We're going to be talking about a curriculum vitae for expert witnesses. Jim, why is it important for expert witnesses to have a curriculum vitae or CV? Jim Mangraviti: A very simple reason, you're [...]
Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time [...]
Can an engineering expert witness offer his alternative design opinion without performing research and testing? The court in ELAINE BENJAMIN, v. THE FOSDICK MACHINE TOOL COMPANY, No. 11-CV-00571-JJM. United States District Court, W.D. New York. April 22, 2015 dealt with the plaintiff who got her hand entangled in a spinning reamer tool attached to an [...]
Can an expert witness be cross-examined about inconsistencies in his CV in a criminal child abuse case? A Florida court, in the case of KAREEM DANIEL FARRELL, v. STATE OF FLORIDA, No. 4D13-2589, May 13, 2015 held he should. The court stated: Appellant next called Dr. Lloyd, a biomechanist with the Department of Veterans' Affairs. [...]
Expert medical testimony regarding undisclosed medical risks that had not materialized is proper in a medical malpractice informed consent case. The Supreme Court of Tennessee in the case of White v. Beeks No. V07554 (May 18, 2015) dealt with: Ike J. White III, aged nineteen, had suffered from back pain for over a year. His [...]