Virginia Jury Instruction - 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income
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The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Rule 702 requires the testimony to be "based on sufficient facts or data." The expert must base his or her opinion on enough information, observations, tests, experiments, and other data to make them reliable. However, experts do not need personal knowledge.
For example, during cross-examination, the lawyer is entitled to use leading questions, a huge advantage. Leading questions, as the term suggests, permit the lawyer to ?lead? the witness where he wants to go.
9.000 states, in relevant part, that the jury may consider the following: (1) Bodily injuries sustained and their effect on Plaintiff's health ing to their degree and probable duration; (2) Any Physical pain and mental anguish suffered in the past and any he may reasonably suffer in the future; (3) Any ...
Rule 611(c) of the Federal Rules of Evidence, lists the situations in which leading questions are appropriate, which include on cross-examination, when dealing with preliminary matters, when there is difficulty eliciting testimony from a witness, and when a hostile or adverse witness is being questioned.
While most courts grant counsel some latitude in asking leading questions of an expert on direct examination, I have found that asking open-ended questions is more effective as it allows the experienced expert to be the center of the jurors' attention; allows the expert to fully describe his/her qualifications, ...
Never put total faith and reliance in what you are told. MISTAKE #2 - Forgetting That You Are an Advocate Only for Your Own Opinions, and Your Methodology, but not for the Case Itself. Expert witnesses are much like fact witnesses in one respect: each one should tell the truth, simply, directly, and with sincerity.
720. (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.