Effective Expert Witnessing: Practices for the 21st Century

By Jack V. Matson; Suhu F. Daou et al. | Go to book overview

Index

a
A
A.A. Matthews, Murphy v.,106
Abuse of discretion standard, for admissibility, 19, 26
Acceptance, see General acceptance standard Administrative expenses, 112
Admissibility, of expert evidence
abuse of discretion standard, 19, 26
challenges facing judges rulings, 17, 20, 21
factors influencing, 5, 6, 92, 109
lay testimony, 32
motions for, 64, 65
threshold requirement, 14, 15, 22, 34
Advertising, as marketing, 119
Affirmative defenses, in pre-trial process, 37, 38
Agent Orange, 15, 16
Alteration, of expert evidence, 44
Alterative dispute resolution (ADR), 99, 100
Alternate jurors, 66
American Association for the Advancement of Science (AAAS), 97
American Bar Association (ABA), 4, 97, 115, 117
American Medical Association (AMA), Code of Ethics, 106, 115, 116
Analogies, in expert testimony, 79
Analysis
expert testimony reliabilty and, 19, 20, 26, 28
in junk science, 31, 32
Animation, of trial exhibits, 63, 99
Answers and answering
during deposition, 54, 57
during trial, 10, 73, 78, 80, 86, 96, 97, 105
practicing, 40, 45, 60, 61, 77, 80
Appeal process, 87, 88
Application(s), scientific, as expert reliability test, 27
Arbitration, impact on expert witnessing, 100
Arguments
avoidance of, with opposing attorney, 94
in limine motion, 65
opening and closing, during trial, 72, 73, 86, 87
Assets, of expert witness business, 107
Assumption of risk, as affirmative defense, 37, 38
Attention span, of jurors, 74
Attorney(s)
building case during trial, 78, 79
cross-examination role, 80, 86
deposition intent, 52, 54
direct examination role, 76, 78, 86
jury instruction input, 86
letters to, as marketing, 118, 119
litigation role, 3, 4
opening and closing arguments, 72, 73, 87
professional expert relationship with, 10, 11, 91, 92

-129-

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Effective Expert Witnessing: Practices for the 21st Century
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • The Authors vii
  • Acknowledgments ix
  • Contents xi
  • Section I - The Legal Environment and Expert Witnessing 1
  • 1 - The Legal Environment 3
  • 2 - Key Cases and Precedents Affecting Expert Witnessing 13
  • 3 - A Closer Look at the Impact of Daubert 25
  • Section II - The Litigation Process 35
  • 4 - The Pre-Trial Process 37
  • 5 - Preparing for Trial 59
  • 6 - The Courtroom Drama 71
  • Section III - The Art, Business, and Future of Expert Witnessing 89
  • 7 - The Art of Expert Witnessing 91
  • 8 - The Business of Expert Witnessing 103
  • Appendix 123
  • Bibliography 125
  • Index 129
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