![]() ![]() An expert’s theory is an overview or summary of her entire opinion. Just as a lawyer cannot succeed without developing a comprehensive theory of the case, neither will an expert’s testimony be effective without a viable, articulated theory. In addition to following the techniques discussed in Chapter 3 (“Communication Techniques”) and Chapter 4 (“Direct Examination”), the rules below will help you achieve a successful direct examination of an expert witness. Moreover, those facts or data need not be admissible in evidence so long as they are of a type “reasonably relied upon” by experts in the particular field. This allows the witness to state her opinion at the beginning of the examination, followed by explanation, rather than having to set forth all of the data at the outset before giving her opinion.Īdditionally, an expert may testify on the basis of facts made known to her at or before the trial. For example, in a murder case where temporary insanity is raised as a defense, an expert may not testify that the defendant was indeed temporarily insane at the time of the crime.Īn expert may testify to her opinion with or without explaining the facts or data on which the opinion is based. The only exception is that an expert in a criminal case may not state an opinion as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or a defense thereto. Expert testimony may even be about an ultimate issue to be decided by the trier of fact. Generally, experts can testify on any subject so long as it is within their area of expertise. Thus, there are two threshold questions: Does the witness possess sufficient scientific, technical, or other specialized knowledge? Will that knowledge be helpful to the trier of fact?Īs a student preparing for a mock trial, this step is usually completed for you since experts are identified (or obvious) in your case file and there is typically no question that the witness is qualified to offer testimony in a given area of expertise. The Federal Rules of Evidence set forth the following standards to which expert testimony must conform:Įxpert opinions are admissible where the expert’s scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or a fact in issue. Other experts may predict the future, as when an economist projects the expected life earnings of the deceased in a wrongful death case. Properly qualified, an expert can be asked to peer into the past, as when a forensic anthropologist determines the cause of death. An expert may opine on the cause or consequences of occurrences, interpret the actions of other persons, draw conclusions on the basis of circumstances, comment on the likelihood of events, and she may even state her beliefs regarding such issues as fault, damage, negligence, avoidability and the like.Įxperts can be used in commercial cases to interpret complex financial data, in personal injury cases to explain the nature of injuries, or in criminal cases to translate underworld slang into everyday language. Moreover, an expert witness may offer an opinion that goes well beyond her direct sensory impressions. An expert witness is not limited to personal knowledge and may base her testimony on information that was gathered solely for the purpose of testifying at trial. Xpert witnesses constitute an entirely different category. Eliminate Tag Lines During Cross-Examination.Cross Examination Lessons from "Cheaters".How to Avoid Gunfights During Cross-Examination.Emphasize the Important During Cross Examination. ![]() Are You Asking Too Many Questions During Cross Examination?.Should You Cross-Examine with Prior Inconsistent Statements?. ![]()
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