Category: Evidence, Expert
Author: Douglas Danner
Category: Evidence, Expert
The problem that arises here is whether the expert will be allowed to testify
because of the substance of what she has to say. In 1993 the Supreme Court
decided the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509
U.S. 579, ...
Author: Daniel A. Bronstein
Publisher: CRC Press
Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter i
Author: James G Speight
Publisher: CRC Press
The increased technical nature of litigation coupled with an increase in the number of cases have given rise to the need for a book specifically written for scientists and engineers called to testify as expert witnesses. Unique in its approach, The Scientist or Engineer as an Expert Witness assists these experts in clearly conveying the often complicated information to a non-technical audience. Highly detailed and exceedingly thorough in scope, the book begins with a complete discussion of the functions of the expert witness before delving into the process of how attorneys find experts. A significant portion discusses the professional resume and other tools the expert can use to market him- or herself. The author supplies a helpful primer on the rules of evidence and a discussion of the attorney-expert witness relationship. He includes ample treatment of the use of reports and visual aids, as well as issues that arise during depositions. The book closes with a comprehensive discussion of the trial itself, followed by post-trial responsibilities. A complete glossary of terms further clarifies the material. Dr. James G. Speight has more than 40 years’ experience in areas associated with the properties and processing of conventional and synthetic fuels. He is the editor of the journals Petroleum Science and Technology, Energy Sources Part A: Recovery, Utilization, and Environmental Effects, and Energy Sources Part B: Economics, Planning, and Policy. He has testified numerous times as an expert witness and the guidance he provides gives witnesses all the information needed to testify confidently and effectively.
Note, however, that the neighbor, Mr. Sterling, was by implication recognized by
the Court as qualified to give expert testimony on ranch operations. The point
here is that it would be difficult to show formal education in ranching operations.
Author: Daniel A. Bronstein
Publisher: CRC Press
Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.
novice expert witness beware – read this book before raising your hand in court.
Dr. Gutheil, a nationally and internationally renowned forensic psychiatrist,
provides essential information and hard-won experience to the fledgling expert ...
Author: Thomas G. Gutheil
Publisher: American Psychiatric Pub
Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.
section (a)(2)(B), the Rule explains in detail the disclosures that an expert
witness has to make in a written report, prepared and signed by you, the expert
witness. It says: "the report shall contain a complete statement of all opinions to
Author: Judd Robbins
Publisher: Judd Robbins
Category: Business & Economics
Expert Witness Training is packed with practical details and instruction about becoming, being, and succeeding as an expert witness. It features more than one hundred specific tactics for use by the specialist retained by an attorney as an expert witness. This comprehensive training program incorporates thorough explanations of qualifications, opinion formation and expression, testifying skills, witness credibility, and jury persuasion. Written in confident tutorial form by an experienced expert and teacher, it includes the latest references and legal standards needed by a well-trained expert witness for admissibility of evidence and testimony, as well as Federal Rules of Evidence and Federal Rules of Civil Procedure, and Daubert challenges. This book covers issues of importance to every expert from the perspective of the witness, along with perceptive insight into the attorney's mindset. Attorneys wishing to learn what experienced expert witnesses know and think should have a copy and copies for each of their experts.
the EXPERT is retained and paid by an ATTORNEY does not alter the fact that
the EXPERT is an active participant in the judicial ... Any communication between
an ATTORNEY and a consultant who is not to be a trial witness is also privileged
Author: Arthur Furst
Publisher: CRC Press
As the world becomes more complex, a greater percentage of the present litigation is based upon very technical subjects. More and more chemicals are being introduced into our daily lives, without ever having been tested for possible side-effects. Consequently, product liability is increasing, and more and more often the toxicologist is being called into court to explain to judges and juries the concepts of technology and risk assessment. The Toxicologist As Expert Witness: A Hint Book for Courtroom Procedure is written with the toxicologist in mind who may not have the experience to testify at a time when toxicolgists as expert witnesses are in great demand.
An expert witness wardrobe will generally include a dark, or pinstripe suit (blue,
gray, brown or charcoal). Each color projects an image of you in time and place. It
sends a specific message to others who will be observing you. For example ...
Author: Budd J. Hallberg
Category: Business & Economics
"This book identifies those industries most in need of litigation consultants and expert witnesses. They include: construction, medicine, securities, commodity futures, internet -telecommunications, real estate and corporate America. Before you try your hand as a litigation consultant or expert witness, this book is must reading. The qualifications a person needs to be a successful litigation consultant and expert witness are explained. The text examines various issues involving plaintiff and defendant representation. It names the various litigation forums available for hearing dispute resolution matters. If you are considering litigation consultant work as a career, this book is packed with valuable information. It tells you how to prepare an effective Curriculum Vitae and write a sound Expert Report. These two documents are essential to the litigation consultant and expert witness. The information in this book is based on experience gained in courtrooms across the nation. Hallberg's accomplishments as a litigation consultant have been widely recognized. For example, in a case before the United States District Court, Southern District of New York, the presiding Judge said, ""The Court in particular notes as helpful to its conclusion the testimony of the SHB Defendant's expert Mr. Budd Hallberg. Mr. Hallberg was a very compelling and convincing witness relative to the COMEX, clearly knowledgeable of its procedures, rules and regulations, as well as those of the CFTC."
The instruction may identify how and when the expert witness's work should be
provided to those instructing him. It is likely to be broken down into a number of
interim stepsm or stages in order to provide feedback and inform other members
Author: Robert Horne
Publisher: John Wiley & Sons
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
When I entered teaching in 1972 I knew, based on my experience as a practicing
trial lawyer, that there was a great need to familiarize professionals of all types
with the process of giving expert testimony in legal proceedings. A course on that
Author: Daniel A. Bronstein
Publisher: CRC Press
Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure. Drawn from revised versions of the readings assigned to graduate and continuing education courses taught by the author, as well as his own professional experience, the text is divided into four sections. Beginning with procedural issues that an expert witness will encounter in advance of the trial itself, the chapters cover legal paperwork, discovery, depositions and other discovery techniques, and consequences for failure to comply with discovery. The next section addresses evidentiary issues, exploring fundamental concepts such as burden of proof, presumptions, and admissibility. It defines who is an expert and when one can testify, and describes the proper form of questions to an expert. Next, the book discusses chain of custody issues, exhibits, hearsay, and the best evidence rule. The book includes suggestions and hints for the expert witness applicable to direct testimony as well as tips on withstanding cross-examination. The final section of the book contains excerpts from the Federal Rules of Civil Procedure and the Federal Rules of Evidence as well as a table of illustrative cases. New topics in this Fourth Edition include: The non-discoverability of the expert’s draft reports, as mandated by FRCP26 The issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody New and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence The reissuance of the Federal Rules of Civil Procedure with new subsections Maintaining the same user-friendly style that made previous editions so popular, this volume enables expert witnesses and attorneys to present compelling evidence in court that will withstand objection from even the most challenging adversary.
The role and duties of the expert witness have been well defined in the well-
known judgment of Cresswell J in National Justice Compania Naviera SA v
Prudential Assurance Co Ltd  2 EGLR 183 (simply referred to in practice as
Author: Martin Farr
Publisher: Taylor & Francis
This book is an invaluable guide for those providing expert evidence on valuations of commercial properties – including civil actions, rent review arbitrations, lands tribunal cases and rating appeals. The object of the book is to provide the commercial property valuer with a detailed introduction to providing expert evidence in a litigation context, the rules, requirements and the pitfalls for the unwary. Particular trouble has been taken to emphasise the need for quality evidence based on relevant experience which is objective, unbiased, independent, and of sufficient quality to resist challenges before the courts, tribunals and arbitrators. This handbook will help the practitioner start off on the right course and provide forewarning of the issues which he or she is likely to face, leading to greater professional awareness and to higher standards of valuation expert evidence in all commercial property fields.
Expert. Witness. PATRICK R. ANDERSON Background The use of expert
testimony in court cases has expanded in recent years with the increasing
complexity of litigation. Criminal and civil cases require expert testimony where
scientific or ...
Author: Patrick R. Anderson
Publisher: SUNY Press
For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.
That identical paradigm exists with regard to expert witnesses who seek to
understand their rights, and at the same time learn of responsibilities which the
dispute resolution system imposes upon them. The great jurist Learned Hand in
Author: Max M. Houck
Publisher: CRC Press
As the first major revision since 2000 of the landmark handbook on expert testimony, this fourth edition provides the crucial, insider information that today‘s testifying forensic experts want and need to not only survive, but thrive in deposition and court testimony.Comprehensively reorganized to accommodate greater breadth and scope, this edition
opinion evidence is admitted. Expert witnesses, however skilled or eminent, can
give no more than evidence. They cannot usurp the functions of the jury or judge
sitting as a jury, any more than a technical assessor can substitute his advice for
Author: Michael P. Reynolds
Publisher: John Wiley & Sons
Category: Technology & Engineering
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
There are many kinds of witnesses. For example, there are fact witnesses,
eyewitnesses, and expert witnesses. A fact witness is one who testifies from
direct knowledge of facts relevant to issues in the case. An eyewitness is
someone who ...
Publisher: Dorrance Publishing
This book endeavors to shed light on the phenomenon of expert witnessing in
Islamic legal systems,1 both past and present. In any legal system, evidence is
extremely important, because it is the primary means for maintaining justice and ...
Author: Ron Shaham
Publisher: University of Chicago Press
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Do the maxims that steer all physicians through the ethical complexities of clinical
medicine not provide equally effective guidance to clinical and scientific expert
witnesses? The answer, in short, is “No.” When psychiatrists, for example, enter ...
Author: Philip J. Candilis
Publisher: Springer Science & Business Media
This book details possible ethical situations and pitfalls that forensic psychiatric experts would commonly encounter when making a court testimony. Richly illustrated with cases from medicine, psychiatry, and law, this elegantly written volume examines the common moral ground that links these usually separate domains, and relates forensic ethics to larger concepts of morality and justice.
Death of an Expert Witness • 73 heard about that spot of bother in the front hall
yesterday, I suppose? He practically pushed those kids of Dr. Kerrison's out of the
door. All they were doing was waiting for their dad. No harm in that, I suppose.
Author: P.D. James
Publisher: Simon and Schuster
In yet another page-turning installment in the bestselling Adam Dalgliesh mystery series from P.D. James, “the reigning mistress of murder” (Time), the Inspector must investigate the murder of a twisted forensic scientist and explore the dark secrets within his laboratory. When a brilliant forensic scientist is found murdered in his own laboratory, Scotland Yard is called to the scene. The victim, a well-respected, authoritative member of the scientific community, was unpleasant to and greatly disliked by those who worked closest to him, leaving detectives with a wealth of suspects and murderous motives. P.D. James’ beloved detective Adam Dalgliesh is the one man who can sort through the lies, chasing down the truth to the book’s powerful climax. P.D. James deftly weaves another tale of intrigue in Death of an Expert Witness. Engaging and thrilling, she takes readers along with her troubled detective on a case rife with psychological thrills.
No one would stay in a hotel knowing the mas- ter key was missing.The plaintiff
retained Bobby Sonderman, the former chief of police of the southern city in
which this hotel was located, as her security expert, and counsel for the hotel
Author: Charles A. Sennewald
From the Files of a Security Expert Witness guides the reader through the experience of testifying in court on security issues in civil litigation. Written by one of the security profession's best-known expert witnesses, the book explores 36 cases that reflect the high drama of true crime, including kidnapping, rape, and murder. Many of these cases led to premises liability lawsuits based on claims of negligence, inadequate security, false arrest and imprisonment, excessive use of force, and others. Effective security specialists, whether or not they are considering becoming expert witnesses, should be familiar with the facts of these cases, their theories of liability and theories of defense. Encompassing aspects of criminal and tort law, all within the context of forensic security consulting, this book offers valuable insights from an experienced security professional. Understand the role of a security expert witness through his involvement in actual civil lawsuits driven by criminal acts Explore the expert witness’s role in liability litigation, from forming opinions to being able to intelligently present beliefs to the legal community as well as to juries Learn practical, in-depth guidelines for becoming an expert witness through the firsthand experiences of a court-recognized authority