Steven Babitsky, Esq. Introduction Many cases rise and fall based on how your expert witness does at their deposition. Here are some of the biggest mistakes lawyers make when preparing their expert witness. Failure to Ask the Expert Witness What They Are Concerned About Most expert witnesses, even the most experienced ones, have issues that [...]
The Nebraska Supreme Court dealt with a fire that broke out in the basement of a pub in Plattsmouth, Nebraska. A chiropractic group alleged that the negligent maintenance of equipment located in the basement of the pub caused the fire. The plaintiff offered the testimony of Duane Wolf, a mechanical engineer, with a background in [...]
Steven Babitsky, Esq. One of the keys to success for an expert witness is the ability to excel when testifying at their depositions. There are many ways experts can improve their deposition testimony: Read books on the subject.[1] Attend training specifically dealing with delivering excellent deposition testimony.[2] Learn from experience at their depositions. Have Your [...]
By Steven Babitsky Esq. The direct testimony of an expert witness is often more important than cross examination. During direct testimony, the expert has the only opportunity to tell their story in an organized, chronological, and thoughtful way. Here are 17 mistakes experts often make during their direct testimony with the ways to avoid them. [...]
Steven Babitsky, Esq. Attorneys who are preparing their expert witness for deposition frequently start with the key aspects of the expert’s anticipated testimony (e.g. opinions, methodologies, etc.). One often overlooked key question is: What are you most concerned about? All expert witnesses, including experienced ones, come to their deposition with concerns, fears, anxieties, etc. These [...]
By: Jessica Mahon Scoles, Esq. Counsel calls and tells an expert he has an interesting and potentially lucrative case. The catch? The expert needs to be designated almost immediately and her affidavit or report is due soon after. If the expert chooses to accept the case, she is faced with a series of difficult, if [...]
How will the courts determine reasonable fees for expert witness preparation time for a deposition? The United States District Court for the District of Colorado recently spoke on the issue in Sterisil, Inc. v. Proedge Dental Products, Inc., civil action no. 13-cv-01210-REB (U.S. Dist. Ct. D. Colo. Mar. 29, 2019), a patent infringement case. The [...]
Even experienced experts can improve their deposition performance by avoiding these common mistakes: 1. Not Actively Listening Many experts do not effectively employ active listening skills at their deposition. Hearing and understanding each and every word in the question is crucial. If you do not understand a question, you should not answer it. 2. Interrupting [...]
While direct examination is not as emotionally challenging as cross-examination, direct examination is often more difficult for an expert to excel at than cross. During direct examination, the expert must explain material that may be highly complex or dry to a lay audience -- the jury. The expert must do so persuasively, but without appearing [...]
By: Jessica Mahon Scoles, Esq. An expert witness who will be testifying, whether it is at deposition or trial, should be prepared to deal with these 10 routine areas of inquiry. 1. Bias Experts will be cross-examined about their real or imagined bias. Counsel who can demonstrate or raise doubts about the expert’s bias can [...]