Exposing The Expert Witness
 

In this presentation, I will discuss strategies for cross-examining expert witnesses. We'll begin with an overview of the rules of evidence governing experts as well as the case law. I'll discuss the importance of thorough preparation, including investigating the expert's credentials and potential biases, learning the relevant terminology, retaining one's own expert, and using things like demonstrative aids and learned treatises. I'll also provide examples of effective cross-examinations from cases and outline ten principles for cross-examining an expert witness.
Here are the six primary learning objectives
-Analyze the evidentiary foundations governing expert testimony, including the requirements of Federal Rule of Evidence 702, the Frye and Daubert standards, and the admissibility of expert opinions.
-Evaluate an expert witness's qualifications, methodology, and factual basis for opinion testimony to identify potential challenges to admissibility and credibility.
-Develop strategic pretrial and trial approaches for investigating, researching, and preparing to cross-examine expert witnesses, including the use of prior testimony, publications, curricula vitae, and subject-matter research.
-Employ effective cross-examination techniques to challenge expert testimony, including exposing bias, attacking reliability, highlighting methodological weaknesses, and questioning unsupported conclusions.
-Utilize learned treatises, authoritative publications, and other impeachment tools to undermine or reinforce expert opinions during cross-examination.
-Apply advanced courtroom communication and witness-control strategies to enhance juror understanding, maintain control of expert witnesses, and increase the persuasive impact of cross-examination.
Who this course is for
Lawyers
Law students
Mock trial students
Experts