Past testimony history.

Author : anneetyner
Publish Date : 2021-02-24 11:52:53
Past testimony history.

Past testimony history.

• Extent of prior testimony?

• In what fields have they been qualified and/or testified? Too many areas of expertise may subject them to “jack of all trade” type criticism, and if their experience is too narrow, they may be accused of being stretched too far or “going out on a limb.” The corporate attorneys are required to carry out tasks in corporation.

• Do they testify for both plaintiffs and defen-dants?

• Has their testimony ever been limited or excluded?

Understand and review the record to date

Report vs. Deposition vs. Trial Opinion

Often in complex cases expert opinions can evolve or be supplemented. Early opinions expressed in a report may be supplemented or refined at deposition, but any further refinement or supplemental opinions reached after deposition may be subject to objection at trial if not properly shared with the other side.

• New work and/or evidence. Additional work done between deposition, trial and/or the production of new evidence may lead to new or supplemental opinions.

• Opposing expert opinions. Opposing experts may offer opinions after your expert’s deposition and this may lead to new or supplement opinions by your expert. Consideration should be given as to whether these opinions can be expressed in your case in chief or whether the court will consider and require those opinions to be expressed in rebuttal.

• Proper basis for each opinion/is it admissible? Here proper basis and foundation should be evaluated for each anticipated opinion to be offered at trial. In other words, anticipate any admissible issues for critical opinions.

Outline anticipated trial testimony with exhibits

Review and discuss with your expert the order of evidence to be presented

• Establish expertise.

• Review work performed in the subject case and relate it into the expert's background and experience.

• Review ultimate opinions reached.

• Describe and relate case-specific analysis leading to opinions (application of science to facts of case).

• Restate opinions with scientific basis.

• Consider hypothetical using opposing expert’s opinions.

Consider correlation between your various experts

In technical cases, one expert’s output can become the next expert’s input. For example, in the automotive case, the accident reconstructionist’s opinions with respect to the vehicle’s motions may become important foundations for the biomechanist’s opinions regarding occupant motions within the vehicle. A correct reconstruction of the accident should not only account for the skid marks on the road and the damage to the vehicle, but should also explain the resulting occupant kinematics and injury mechanisms.

Your expert can help prepare you to take opposing expert's depo

It has been my experience that the single most critical factor in effective examination of an expert is preparation. This is not only true for examination of your experts, but is also, obviously, applicable for examination of opposing experts. In that regard, I would also strongly advise the trial lawyer to consult directly with his expert while preparing the cross-examination of the opposing expert. Your expert may be familiar with important literature, research, documents, or even underlying facts in your case that prove inconsistent with the opposing expert’s analysis. Oftentimes, we experts face one another quite regularly and get to know each other and our backgrounds quite well.


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