Useful tips

What questions would you ask an expert witness?

by John A.

What questions would you ask an expert witness?

Here are the 13 key questions that need to be asked and answered by expert witnesses:

  • “Are you the best expert witness?”
  • “What makes you qualified?”
  • “Ever been prevented from testifying?”
  • “Anticipate expert deadline causing any problem?”
  • “What do you need?”
  • “Ever testified for or against opposing party?”

How do you qualify as an expert witness?

A witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The standard is a minimal one. The witness need not be the best available expert or have extensive training. The expert’s qualifications must be established on the record before the witness is asked to give opinions.

What are the three requirements that must exist for an expert witness to be permitted to testify?

According to Federal Rule of Evidence 702, expert witnesses must have “knowledge, skill, experience, training, or education” which will “help the trier of fact to understand the evidence or to determine a fact in issue.” This is a very broad standard.

Can you ask an expert witness leading questions?

“… it is ordinarily permissible to ask an expert witness a leading question when his opinion is sought upon a matter about which, by reason of his professional knowledge and skill, he has peculiar information.”

How do you question an expert witness?

Direct Examination of the Expert Witness: 10 Basic Rules

  1. DON’T “SCRIPT” YOUR QUESTIONS, BUT USE AN OUTLINE INSTEAD.
  2. PRESENT QUALIFICATIONS IN AN INTERESTING MANNER.
  3. PROVIDE APPROPRIATE BACKGROUND BEFORE DISCUSSING THE EXPERT’S OPINION.
  4. USE SIMPLE LANGUAGE, ANALOGIES, AND/OR EXAMPLES TO EXPLAIN TECHNICAL TERMS OR CONCEPTS.

How do expert witnesses answer questions?

25 Tips for Expert Witnesses

  1. Understand The Question. Listen to the question.
  2. Think Before Answering.
  3. Don’t Accept Opposing Counsel’s Statements.
  4. Do Not “Play Lawyer”
  5. Focus On The Question.
  6. Remember The First Rule.
  7. Analyze Documents Carefully Before Answering Questions About Them.
  8. Do Not Argue.