Sunday, January 15, 2017

Expert Witnesses

Expert witness questions can show up both in Evidence questions and in Civil Procedure questions. In Evidence, the questions are likely to focus on such topics as the qualifications to be an expert witness, the bases of testimony for an expert, and the proper subject matter for expert testimony.

For Civil Procedure, it's important to go into the exam understanding the obligations that a party has towards the opposing party if a party intends to use an expert witness at trial.  Knowing the following should put you in a good position to answer these questions correctly:

A party using an expert witness must automatically supply to the opposing side a written report containing all of the following:

(1):  A complete statement of all opinions the expert witness will express and the basis and reasons for those opinions.

(2):  The facts or data considered by the expert witness in forming the opinions that the witness will express.

(3):  Any exhibits that will be used to summarize or support the opinions that the expert witness will express.

(4):  The expert witness's qualifications, including a list of all publications authored in the previous 10 years.

(5):  A list of all other cases in which, in the previous 4 years, the witness testified as an expert either in trial or by deposition.

(6): A statement of the compensation to be paid to the expert.

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