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25 Tips for Expert Witnesses Understand The Question. Listen to the question. ... Think Before Answering. Do not say ?no? if the true answer is ?I do not recall. ... Don't Accept Opposing Counsel's Statements. Do not accept a ?fact? merely because the attorney questioning you says it. ... Do Not ?Play Lawyer? ... Focus On The Question.
(a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.
However, it is also held in California that an expert witness cannot be compelled to undertake an expert investigation for the purpose of qualifying himself to testify. It has been said that a party cannot impose this duty upon an unwilling witness.
The party moving to disqualify an expert witness based on a conflict of interest has the burden of proof. The moving party must therefore establish that a confidentiality issue exists, and that it is not waivable. Communications between parties and experts are not presumed to be confidential.