Testimony

How can expert witnesses and the attorneys who employ them effectively use demonstrative evidence to present expert testimony?   Trial attorney Karen Koehler explains.   Q. Attorney Koehler, how important is demonstrative evidence to effective presentation of expert witness testimony?   There’s an old Chinese proverb that goes like this:  “Tell me and I’ll forget; [...]

What advice do judges give to expert witnesses about how to be a more effective expert? Judge Russell Canan, speaking at the SEAK National Expert Witness Conference gave this advice to experts. Preparation: a.         Review background and experience with attorney. b.         Attorney should review entire case with expert prior to the expert completing the 12(b)(6) statement [...]

Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained: A.    How opposing counsel prepares to take your deposition The lawyer taking your deposition will be intimately familiar with your report.  By the time of your deposition, he or she will also: –       Know your background. –       Understand the role you play in [...]

The US Court of Appeals in US v. Ignasiak, 667 F. 3d 1217 - Court of Appeals, 11th Circuit 2012 reversed the conviction of a physician for health care fraud (dispensing controlled substances.) The court found that the government improperly withheld crucial information about a medical expert who “regularly” testified for the government. The court [...]

How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. [...]