Expert Testimony

Expert Testimony

Author: Steven Lubet

Publisher: Aspen Publishing

Published: 2020

Total Pages: 208

ISBN-13: 1601568703

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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.


Law for the Expert Witness, Second Edition

Law for the Expert Witness, Second Edition

Author: Daniel A. Bronstein

Publisher: CRC Press

Published: 2010-12-12

Total Pages: 248

ISBN-13: 9781420048766

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Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.


Expert evidence in criminal proceedings in England and Wales

Expert evidence in criminal proceedings in England and Wales

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-03-22

Total Pages: 224

ISBN-13: 9780102971170

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This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.


A Litigator's Guide to Expert Witnesses

A Litigator's Guide to Expert Witnesses

Author: Cecil C. Kuhne (III)

Publisher: American Bar Association

Published: 2006

Total Pages: 244

ISBN-13: 9781590317280

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The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.


Expert Testimony

Expert Testimony

Author: Steven Lubet

Publisher: National Institute for Trial Advocacy

Published: 1998

Total Pages: 228

ISBN-13:

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"This concise, well-organized book covers witness credibility, preparation, direct & cross-examination, depositions, discovery, & ethics. Lubet's chapters on cross-examination & deposition testimony are especially helpful in preparing an expert to withstand an assault by the other side's lawyer. . . . Although aimed primarily at experts, Lubet's book is also an excellent resource for the lawyers who hire them. Even veteran litigators may pick up practical pointers on handling expert witnesses who want to know more than what a retaining lawyer has told them. Lubet, who also wrote a trial practice handbook for the National Institute for Trial Advocacy, is a master at leading one through complex materials, which is helpful for novice trial lawyers facing their first trials . . . . He provides clear information about testifying, & he bolsters the information with good examples. The chapters on direct & cross-examinations are good for both lawyers & experts. Lawyers should read this book for a primer an direct & crossBy analyzing & demystifying every aspect of expert testimony, Lubet has created a work that is indispensable to accountants, physicians, psychologists, forensic scientists, engineers, attorneys, & those who are retained as or engage the services of expert witnesses.


The Judicial Assessment of Expert Evidence

The Judicial Assessment of Expert Evidence

Author: Déirdre Dwyer

Publisher: Cambridge University Press

Published: 2008-12-18

Total Pages: 468

ISBN-13: 052150970X

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Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.


The Expert Witness in Construction Disputes

The Expert Witness in Construction Disputes

Author: Michael P. Reynolds

Publisher: John Wiley & Sons

Published: 2008-04-15

Total Pages: 240

ISBN-13: 0470680202

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The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.


Effective Expert Witnessing

Effective Expert Witnessing

Author: Jack V. Matson

Publisher: CRC Press

Published: 2004-03-29

Total Pages: 156

ISBN-13: 1420040456

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Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions. Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case


Expert Rules

Expert Rules

Author: Paul J. Zwier

Publisher: Aspen Publishing

Published: 2018-02-13

Total Pages: 236

ISBN-13: 1601565763

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Expert Rules answers the most commonly asked questions about experts: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct, and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is almost twenty-five years old, most attorneys are only familiar with its application to the experts they see most—local doctors. Expert Rules provides attorneys with the help they need to confront new fields manned by new or unusual experts. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert—from finding the expert, to helping the expert prepare her report, deposing and defending the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony. And this fourth edition contains new rules and strategies for experts, including strategies for preparation, mining the Internet in discovery, using exhibits, highlighting key points on direct, and more effective cross-examinations.


Law for the Expert Witness

Law for the Expert Witness

Author: Daniel A. Bronstein

Publisher: CRC Press

Published: 2007-03-19

Total Pages: 250

ISBN-13: 1420046748

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Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter i