TRIAL TIP: CROSS-EXAMINATION OF AN EXPERT WITNESS
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- Опубликовано: 27 янв 2012
- When cross examining an expert witness who has relied upon reports and other information provided to him by opposing counsel, use these two questions (about halfway through the video) to neutralize his testimony. In some cases, you can even get him or her to support your theory of the case!
I use this technique all the time. It worked well in this case www.jacksonandwilson.com/blog...
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As a paralegal major I find the more I learn about what happens in the court room and what my perspective employer will expect of me enhances my learning experience and better prepares me for my paralegal career. This video was very interesting and informative!
Very well explained. I'm not an attorney but since I work in a new and untested area of medicine, I am in court a lot and will definitely share this with my lawyers.
I loved your video and found it very informative. I'd love to watch you give your closing argument!
shared in India for benefit of all lawyers. we thank you for you efforts and are grateful to you... jai hind
legal knowledge is the key as a trial lawyer...
Mitch, this is great. Thx for posting.
I learned a lot of things. Thank you, Mitch!
My pleasure. Good luck in trial ;-)
I feel so proud I did the same idea for my mock trial case.
Superb. I would suggest one thing - to get rid of that twisty visual effect. It interfieres.
IMO: A good expert witness would have received all the relevant facts and circumstances - to include the facts from the opposing side through recorded witness statements and depositions. He would compare that information (both sides) to the evidence and render a fact based pattern opinion and not one based on one sided bias. opinions not supported by independent evidence (of varying strength) are difficult / impossible to opine upon in a manner that is evidence based. This is an excellent technique for a expert witness who hasn't adequately prepared or been provided all the evidence...Great resource!
This video is AWESOME!! Thank you :)
Richard, you are intelligent. keep on posting the videos.
Thank you for your input you are brilliant!
this is brilliant and very socratic, thank u for sharing.
excellent info!!! thanks!!
Thanks Colette!
excellent information
A blood choke renders the subject unconscious in just a few seconds. If the choke is applied for more than 20 seconds you have entered the lethal force range.
This really is good, but as a Maryland Attorney, I'd object on the grounds that it calls for speculation.
Thanks!
loved it thankyou
Very good Mitch
Thank you.
Appreciate it!
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Great video. Thank you. Very helpful information. One observation is just that your transitions are a bit distracting.
Jeremy- Just had this happen in my last trial. What did I do? Just paused, looked over at the jury and smiled. They knew that if after changing or assuming the facts that favored my clients the expert still was not willing to change his testimony, he was nothing more than a paid advocate. Having said that, if you've already questioned him about his rates and fees- let's say he's been paid $16K for his prep and testimony, then "Mr. X, isn't true you have $16K reasons not to agree with me?"
What if that state witness doesnt show up to trail, will their statements and all imformation be imadmissable in the courtroom?
do you have any other resources you'd recommend for cross-examining? thank you
What do you do if the expert has done his own independent tests.
What do you do if, in your example, the expert witness answers "no" to the question on whether the plaintiff's version of the facts would change his/her expert opinion/analysis?
Jeremy Cave I honestly don't think it matters, I believe the idea is that you just want to have the subject broached for the jury
9:55 you call this a "powerful question": "If those facts are wrong, isn't it true that that might indeed affect the accuracy of your opinion?" I submit it's too timid, mealy-mouthed, and artificially phrased. Anything "might" affect it in theory. Try this instead: "And if the facts given to you by the defense turn out to be wrong, then your opinion would be wrong, wouldn't it - since you just said your opinion was based on the facts given to you?" That's a little more punchy.
it is stupid when... I was a gamer and at the same time... I'm a lawyer like you... duh, I lost to 2 trials. And now, you teached me on how to slap the expert witness in de face!
Next time, do it in a real courtroom or use a white background. The use of greenscreen here is poor; however, the content is great.
like
Btw..Thank You!!
Ran out of space- bottom line, you don't want to make a big deal about it. Have a bit of fun with the ridiculous expert and then move on. The jury will "get it" :-)