How do you cross examine an expert witness?

How do you cross examine an expert witness?

Expert Witness Cross Examination: The Ultimate Guide

1. Be Prepared.
2. Box in the Expert at Deposition.
3. Trawl the Expert Report.
4. Develop a Theory.
5. Attack Potential Biases.
6. Stick To A Few Points.
7. Attack the Expert’s Qualifications.
8. Call Out Assumptions.

What are 3 rules for composing cross-examination questions?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …

What is cross-examination for a expert witness?

The purpose of cross-examination is to test the evidence of a witness, to expose weaknesses where they exist and, if so, to undermine the account the witness has given. This includes testing the reliability of their evidence and/or their credibility as a witness.

How do you examine an expert witness?

Direct Examination of the Expert Witness: 10 Basic Rules

1. DON’T “SCRIPT” YOUR QUESTIONS, BUT USE AN OUTLINE INSTEAD.
2. PRESENT QUALIFICATIONS IN AN INTERESTING MANNER.
3. PROVIDE APPROPRIATE BACKGROUND BEFORE DISCUSSING THE EXPERT’S OPINION.
4. USE SIMPLE LANGUAGE, ANALOGIES, AND/OR EXAMPLES TO EXPLAIN TECHNICAL TERMS OR CONCEPTS.

When should you cross examine?

The opportunity to cross-examine usually occurs as soon as a witness completes his or her initial testimony, called direct testimony. When a witness’s direct testimony ends up being hostile to the party that called the witness, sometimes that party’s lawyer is allowed to cross-examine his own witness.

What questions would you ask an expert witness?

Here are the 13 key questions that need to be asked and answered by expert witnesses:

• “Are you the best expert witness?”
• “What makes you qualified?”
• “Ever been prevented from testifying?”
• “Anticipate expert deadline causing any problem?”
• “What do you need?”
• “Ever testified for or against opposing party?”

What form of questions wording should be used during the cross examination of an expert witness?

Questions should be worded, as often as possible, in the form of statements from prior testimony, followed by reflective rejoinders such as “Isn’t that right?” or “Didn’t you?” This form of questioning is the least likely to allow for an explanation because it is easily answered in the affirmative or negative.

How do you cross examine a witness?

Preparing to Cross Examine a Witness Have command of the case. Make a cross examination plan. Do not plan to ask questions to which you don’t know the answer. Ask your questions at the deposition. Find inconsistencies.

What questions do you ask witnesses?

For example, if you want a witness to testify that she was in your car during an accident, you would ask a series of general questions without putting words in her mouth: “Can you state your name?” “Do you know the defendant?” “How do you know the defendant?” “Where were you on June 15, 2014?” “Why were you there?” “Did anything happen that you remember that day?” “Can you state your name?” “Do you know the defendant?” “How do you know the defendant?” “Where were you on June 15, 2014?” “Why were you there?” “Did anything happen that you remember that day?”

What does cross examine witnesses mean?

Definition of cross-examination. : the examination of a witness who has already testified in order to check or discredit the witness’s testimony, knowledge, or credibility – compare direct examination.

What is effective cross examination?

Cross-examination is an effective way for the defense to present evidence by using government witnesses. On cross, the attorney should be asking questions that develop the defense’s theory of the case theory of the case. Cross may be the defense’s only opportunity to present important facts, inferences and impressions.