Expert witness evidence rules are governed in Federal Court by the 700 series of rules in the Federal Rules of Evidence: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the… read more
Areas of Inquiry for a Defense Expert Witness The following are potential areas of inquiry (with some sample deposition questions) when taking the deposition of a defense expert witness. For a comprehensive list of expert witness deposition questions, please see the text How to Prepare Your Expert Witness for Deposition. Advertising Please tell me all… read more
Police Expert Witness on Speed of Vehicle has Testimony Rejected The court, in: IN THE MATTER OF THE COMPLAINT OF ANTILL PIPELINE CONSTRUCTION CO., INC. SECTION “C” (3), Civil Action No. 09-3646, Consol. Case No. 10-2633., United States District Court, E.D. Louisiana, dealt with the proposed testimony of a Lieutenant [ police expert witness]… read more
Law Enforcement Expert Witness: Report Too Many Strong Adjectives The court, in Mutafis v. Markel, Dist. Court, ED Michigan 2013, dealt with a motion in limine to exclude the testimony of a law enforcement expert witness, Westrick, in a criminal case. The court rejected the testimony in part, because of the “strong adjectives”… read more
The court, in Finn v. BNSF RAILWAY COMPANY, Dist. Court, D. Wyoming 2013, dealt with a car accident in Casper, Wyoming. The court rejected the motion to exclude the testimony of the biomechanics expert witness testifying on the issue of accident reconstruction. The court stated: The Court will move directly to the issue of reliability since… read more
The court, in BOMBARDIERE v. SCHLUMBERGER TECHNOLOGY CORPORATION, Dist. Court, ND West Virginia 2013, dealt with the proposed expert testimony of a “toxicologist.” The court excluded his testimony in part due to his lack of candor on his CV and also his methodology. The court stated: This Court has serious reservations concerning Dr. X’s qualifications… read more
The US District Court Indiana in the case of, Lopez v. BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, Dist. Court, ND Indiana 2013, dealt with how much was a reasonable deposition fee for a tire expert witness, Bozarth. The court rejected the proposed $3,000 fee finding it was 3x his normal hourly rate. The court rejected the… read more
Experienced cardiology expert witnesses can be helpful and effective in evaluating and opining from either the plaintiff or defense point of view, whether a physician defendant has complied with the standard of care with respect to diagnosis, recommended or prescribed treatment, and the performance of procedures within the domain of cardiology, including the sub specialized… read more
The mental state examination (MSE) forms a cornerstone of a clinical evaluation in a variety of settings, including psychiatry, neurology, and medicine. It can also be an important part of an evaluation in a medical-legal setting. Like a physical or elementary neurological examination, the MSE tends to follow a standard approach, although the content and… read more
Often, attorneys will locate more expert witnesses than they need in a particular matter. They will then be in a position where they can choose from amongst these experts the one who they would like to retain. In making this selection, attorneys evaluate many factors. These include the following points. Availability Does the expert answer… read more
