Prepare Your Expert
When it comes to the actual substance of testimony during direct
examination, the following points should be kept in mind:
- You should make the expert familiar enough with your plan of
interrogation to know what topics will be covered, what facts
will be established, and what signals you will use to switch
topics or control the direction of testimony.
- The expert should be questioned in a mock situation in the
same style that you will use in court. The questions should also
be arranged in generally the same order that they will be presented
at trial, but use different wording at trial so that the exchange
will appear spontaneous.
- The expert must be able to explain and define any technical
terms he or she will use in court. These definitions must be
consistent with technical dictionaries and other reference materials.
- You should review the expert’s theories in detail and
challenge them aggressively. The expert’s theories should
not only be viable, but must impress the judge and jury with
their sincerity and common sense.
- You should prepare the expert to handle questions relating
to his or her qualifications as an expert.
- You should indicate to the expert how much detail is necessary
in his or her responses.
- Any real or demonstrative evidence should be thoroughly reviewed,
as well as any questions you may use to properly authenticate
it.
More information about the book A
Litigator’s
Guide to Expert Witnesses
Related CLE
Dukes v. Walmart Stores was a pivotal case in its examination
of the role of expert testimony in employment discrimination trials. Of
Course My Opinion Matters…I’m an Expert is an
online course that provides you with comprehensive analysis from
an expert panel representing both plaintiff and defendant perspectives.
By Julian R. Birnbaum, Grady B. Murdock Jr., Nicole M. Walthour
ABA Center for Continuing Legal Education, ABA Section of Labor
and Employment Law
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