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10 Tips for Preparing Expert Witnesses Identify the Issue(s) ... Preserve the Attorney-Expert Relationship. ... Limit Expert Testimony to One Chapter. ... Avoid Complicated ?Expert Speak? ... Answer the Question. ... Be OK with ?I Don't Know? ... Practice, Practice, Practice. ... Get the Headline Out First.
Expert witnesses are key in the courtroom, as more complicated disputes need clear explanation to a jury. But, there's little agreement on what makes a great witness. GLG Law's David Solomon gives four characteristics to look for?clear communication, coachability, confidence, and candor.
Furthermore, an introduction should also include a succinct statement of the expert's opinion which (1) informs the fact-finder why the witness is testifying and his relationship to the case and (2) encourages the fact-finder to listen more carefully to the witness's qualifications and investigation.
Ing to Federal Rule 26(2-b), before an expert witness can offer testimony, that person must provide a written summary opin- ion discussing the testimonial subject matter, substance of facts and opinion, basis for opinion, reports, a list of all publications authored by the witness in the preceding ten years, a ...
For this kind of generalized testimony, Rule 702 simply requires that: (1) the expert be qualified; (2) the testimony address a subject matter on which the factfinder can be assisted by an expert; (3) the testimony be reliable; and (4) the testimony ?fit? the facts of the case.
It can be valuable to remind expert witnesses that nearly all their written communications are discoverable under Rule 26 of the Federal Rules of Civil Procedure and Rule 16 of the Federal Rules of Criminal Procedure. Many state courts consider these materials to be discoverable as well.
The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. the testimony is based on sufficient facts or data. the testimony is the product of reliable principles and methods.