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    Admissibility of Expert Witness Testimony
    Admissibility of Expert Witness Testimony
    Admissibility of Expert Witness Testimony
    Ebook69 pages41 minutes

    Admissibility of Expert Witness Testimony

    By IMS ExpertServices

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    About this ebook

    Admissibility of Expert Witness Testimony is the first in a series and presents strategies on how to conduct your expert witness business with an eye toward the rules on admissibility of expert testimony throughout the litigation process. This expert witness resource has broad application for all experts – regardless of discipline. It sheds light on how to avoid admissibility challenges and outlines ways to deal with them effectively when they happen. Don't let a Daubert or other admissibility motion sneak up on you.

    LanguageEnglish
    PublisherIMS ExpertServices
    Release dateFeb 5, 2016
    ISBN9781311576934
    Admissibility of Expert Witness Testimony
    Author

    IMS ExpertServices

    IMS ExpertServices manages the expert element of high-stakes litigation. We are a full-service expert witness and litigation consultant provider that delivers experts who have the unique blend of skills, experience, and personality that attorneys need on their team for effectively arguing their cases before judges and juries.

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      Book preview

      Admissibility of Expert Witness Testimony - IMS ExpertServices

      What to Expect When You’re an Expert:

      Admissibility of Expert Testimony

      Written by Wendy N. Pearson of Pearson Research Group

      Prepared and Distributed by IMS ExpertServices

      Give us your most difficult expert search, and we’ll find and deliver the best experts in the world. It’s our promise to you. - Bill Wein, President, IMS ExpertServices

      Table of Contents

      Introduction

      History of Legal Precedents

      Federal Court – The Daubert Trilogy

      State Courts – Frye Versus Daubert

      Qualifications

      To Take the Case or Not to Take the Case - That is the Question

      Methodology

      The Expert Report

      Expert Deposition Testimony

      Motion to Exclude

      Court Decision

      Conclusion

      About the Author

      About IMS ExpertServices

      INTRODUCTION

      You may be the expert in your field, but if you fail to understand how the rules on admissibility of expert testimony may affect your opinions and testimony, you jeopardize your role as an expert. If the court excludes your testimony, all your hard work is for naught and you lose your opportunity to be the expert in front of the jury.

      This publication presents strategies on how to conduct business with an eye toward the rules on the admissibility of expert testimony (Rule 702 of Federal Rules of Evidence; Daubert, Frye, or state variations) throughout the litigation process. The information contained here has broad application to all experts – regardless of discipline – because all experts should keep Rule 702 and Daubert principles (or the applicable equivalent in the governing jurisdiction) in mind when considering retention for a case and when actually working on a case.

      Let’s begin with an overview of how the standards that govern admissibility of expert testimony in federal court and most state courts have evolved. With the federal rules and case law as the backdrop, we’ll focus on the fundamentals of your role as an expert, including suggestions for determining whether to accept retention on a case, strategies for preparing your expert report and testifying in a deposition, and tips for assisting the attorney with an effective response to a motion to exclude your testimony. We conclude with suggestions on how to maximize the impact of a decision to admit your testimony, and how to minimize the fallout from a decision in which all or some of your testimony has been excluded.

      You will gain strategies for every stage of being an expert witness with an eye toward Rule 702 and Daubert – how to avoid mistakes you may have made in past cases, issues related to retention in a new case, troubleshooting for your existing cases, and ways to leverage and utilize your past expert experience.

      HISTORY OF LEGAL PRECEDENTS

      The history of the laws and precedent-setting cases on admissibility of expert testimony may seem dry or irrelevant to experts considering taking a case, formulating an expert opinion, or preparing to testify. Although those significant court decisions were made years ago, today’s attorneys rely on the language in those opinions when drafting and responding to motions to exclude experts. Similarly, judges adhere to these precedents when deciding whether to admit or exclude expert testimony.

      Federal Court — The Daubert Trilogy

      Understanding these historic cases will assist you in your role as an expert because the American legal system is based on case law; prior decisions are persuasive to (and often binding on) a court deciding subsequent cases with similar issues. As such, experts in similar disciplines who are opining on similar issues can utilize

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