Attorneys often consult with professionals who are experts in their fields. Experts help attorneys understand medical, scientific, or business issues in their cases. Experts also provide testimony during litigation. This helps the jury and the court understand relevant factual issues…
For instance, an expert could not face lawsuits for negligence or defamation for their expert work. Many professional boards and licensing organizations also granted leeway for members who served as expert witnesses. Today, however, these protections for expert witness liability…
While the country has come a long way in 400 years, the basic form of jury trials remains the same. Civil and criminal cases are often tried before a panel of citizens. These citizens swear or affirm they will carry…
While lawyers aren’t limited to a particular script at trial, they aren’t given total latitude, either. The Federal Rules of Evidence (FRE) and similar rules in state courts govern what attorneys can and cannot ask an expert witness at trial.…
Civil lawsuits range from simple and straightforward matters to complex questions requiring a high degree of scientific or technical knowledge to understand. In the latter cases, an expert witness’s participation may be essential for the parties, attorneys, judge, and jury…
Now Rule 702 is one step closer to a big change—its first in over 20 years. Last week, the Committee on Rules of Practice and Procedure voted unanimously to pass the proposed Rule 702 amendment. The proposed amendment clarifies the…
These court rules change when the witness is certified as an expert witness, however. Expert witnesses can testify about matters that lie in their field of expertise. This includes their own opinions and analyses formed with the reasoning and tools…
By understanding the deposition process, an expert can prepare more effectively, give clearer testimony, and avoid unnecessary complications at later phases of the case. The Deposition Process For experts, the deposition process begins well in advance of the deposition itself.…
There are several different methods to accomplish the discovery process, each of which offers certain advantages or disadvantages. Typically, state or federal court rules govern the methods and timing of discovery. Expert witnesses often enter a case during the discovery…
As you perform your role, it’s good to have a basic understanding of the different phases of a lawsuit. Insights into the legal process and procedures will help you see your role in the larger context of a lawsuit. Understanding…