Monday, May 15, 2006

What You Don't Want Your Expert To Say on Cross

posted by pn at 7:14 PM  

2 Comments:

Don Hawbaker writes ...

In my last construction case, the biggest issues money-wise concerned matters of concrete placement and performance in a 180,000 sq. ft floor. I represented the contractor whose work was in question; my client's work had been verified and blessed by one of the best concrete experts in the U.S. So, I asked the owner's expert if she was aware of anyone "with more expertise in the subject of concrete placement and performance than Dr. ___ (my expert)." I didn't know how she'd answer but figured whatever she said wouldn't hurt me. She said "no." The jury shook their heads, stopped taking notes and patiently waited for the case to end. It was fun.

10:42 AM  
Anonymous writes ...

And it seemed to work out pretty well for you, didn't it.

4:13 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.