expert witness by A8217J2

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									Contents
Introduction

CHAPTER 1
Overview
The Decision to Retain an Expert
Role of the Expert Witness
Consulting and Testifying Experts
Expert Qualifications
Admissibility of Testimony
Disclosure of Witness Materials
Expert Compensation
Standard of Review

CHAPTER 2
The Legal Framework
Common Law
Early Evidence Rules
Courts as Gatekeepers

CHAPTER 3
Supreme Court Decisions
The Daubert Opinion
The Kumho Tire Opinion
The Joiner Opinion

CHAPTER 4
Rules of Discovery
Discovery of Consulting Experts
Discovery of Testifying Experts
The Privilege Dilemma
Expert Report

CHAPTER 5
Rules of Evidence
Fact Witnesses and Expert Witnesses
Admission of Expert Testimony (Rule 702)
Basis of Expert Testimony (Rule 703)
Ultimate Issues (Rule 704)
Underlying Facts and Data (Rule 705
Court-Appointed Experts (Rule 706)
Learned Treatises (Rule 803(18))
Reversible Error

CHAPTER 6
Selecting Experts
Whether to Retain an Expert
When to Hire the Expert
Locating the Best Candidates
Presenting the Case
Early Communications with the Expert
Background Materials
Correspondence with the Expert
Conflicts of Interest
Disqualification of Experts
Precautionary Procedures
“Side Switching”
Standards Applied
Expert Compensation
Chain of Command

CHAPTER 7
Presenting Experts
The Gatekeeper Function
Issue Identification
Providing Information to the Expert
Examinations, Tests, and Studies
Team Approach
Duty of the Offering Party
Expert Reports
Motions in Limine
Resisting Gatekeeper Proceedings
Affidavit in Support of Expert
Burden of Proof
Jury Selection
Opening Statement
Preservation of Error

CHAPTER 8
Objecting to Experts
The Court’s Role
Necessity for Experts
Intercepting the Testimony
Examining the Expert
Timing of the Objections
Exploring the Foundation of the Opinion
Disclosure of Underlying Facts
Problems of Eliminating Hypotheticals
Moving to Exclude Your Opponent’s Witness
Factors of Reliability
Assisting the Trier of Fact

CHAPTER 9
Depositions of Experts
Deposing Your Opponent’s Expert
Preparing Your Expert for Deposition

CHAPTER 10
Direct Examination of Experts
The Underlying Theme
Foundational Aspects of the Opinion
Role of the Examiner
Preparing Your Expert for Direct
Direct Examination of Your Expert

CHAPTER 11
Cross-Examination of Experts
Discovering the Expert’s Reliability
Foundational Evidence
Pretrial Preparation for Cross-Examination
Challenges Facing the Cross-Examiner
Reasonable Degree of Certainty
Basis of the Opinion
Discrediting the Witness
Effective Cross-Examination Style
Subjective Judgment
Constructive versus Destructive
Attacking the Expert’s Credentials
Information Admitted into Evidence
Information Not Admitted into Evidence
Statistics
Learned Treatises
Exposing Personal Bias or Interest
Exposing Materials Reviewed by the Expert
Preparing Your Expert for Cross-Examination
Courtroom Simulation
Retaining Control
Responding to Questions About Bias
Responding to Questions About Treatises
Responding to Questions About Fees
Responding to Questions About Income

APPENDIX A
William Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 578 (1993)

APPENDIX B
Kumho Tire Company, Ltd. v. Patrick Carmichael, 526 U.S. 137 (1999)

APPENDIX C
Federal Rules of Civil Procedure, Rule 26. General Provisions Governing
Discovery; Duty of Disclosure

APPENDIX D
Federal Rules of Evidence

About the Author
Index

								
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