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Direct Examination of the Expert Witness: 10 Basic Rules DON'T ?SCRIPT? YOUR QUESTIONS, BUT USE AN OUTLINE INSTEAD. ... PRESENT QUALIFICATIONS IN AN INTERESTING MANNER. ... PROVIDE APPROPRIATE BACKGROUND BEFORE DISCUSSING THE EXPERT'S OPINION. ... USE SIMPLE LANGUAGE, ANALOGIES, AND/OR EXAMPLES TO EXPLAIN TECHNICAL TERMS OR CONCEPTS.
The introduction should clearly identify the witness. The witness's relationship to the case should be explained in the introduction. Thus, the introduction should set forth: the witness's name and profession, the witness's reason for being called to testify, and the subject matter of the witness's testimony.
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Under Rule 26(a) (2), parties must disclose the identities of their testifying experts, along with a report containing additional information such as their qualifications, opinions, and the bases for those opinions, at least ninety (90) days before trial. Fed.
A person who is designated as an expert witness must be qualified on the subject of their testimony. See Federal Rule of Evidence 702. The court serves as a ?gatekeeper? to screen out experts who are unqualified, their expertise is irrelevant to the facts at issue, or their methods are unreliable.