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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.
The term ?expert witness? refers to a person who is called to testify during a trial because of his knowledge or skills in a field relevant to the case. An expert witness, for example, could be a blood spatter analyst who can testify about the type of weapon used to commit a murder.
A good way to begin is to introduce the expert to the judge or jury and go through the expert's resume to establish them as having an extensive background in education and work experience in the subject that you want to qualify them as in expert.
Clear, concise, straightforward writing is difficult to achieve, yet it is the essence of a well-crafted expert witness report. Ask your expert to focus on honesty and simplicity, remembering that opposing experts and attorneys will certainly point out the limitations of a particular study, methodology, or approach.
Be clear and absolute in terms of the matters that fall within your expertise and, more importantly, those that do not. Explain what the Expert has done to check the validity of the facts within the report. Ensure the report, analysis and supporting data is accurate, clearly articulated and free from error.
What Is a Conflict of Interest with an Expert Witness? Some professionals become involved in a case where the individual already has knowledge of the other legal team's case. In these situations, the expert may face disqualification because of the already existing conflict of interest.
Under Rule 26 of the Federal Rules of Civil Procedure, in addition to the disclosure of the expert witness's qualifications, publications, testimony, and compensation, the expert report must contain a complete statement of the expert's opinions, the data of other information considered by the expert in forming such ...
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.