Tips for Eliciting Effective Testimony from an Expert Witnesses
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Acquiring effective expert witness testimony is crucial for any case where this professional is a needed component to attempt to convince the judge or jury of a valid argument for or against a person. The tips that can increase effectiveness involve both preparation and direct or indirect cross-examination with both sides of the argument.
Knowing How to Traverse Direct ExaminationWhile the lawyer that hires the expert witness may have less understanding of how to elicit better testimony through direct examination, it is possible to prepare for this situation. The expert will need to know the answers to various questions that may arise during the course of the examination on the stand or through prepared statements. The expert may need to testify in the courtroom and then provide information to the judge or jury. During this process, he or she will need to explain leading question details with clear and concise info that is not confusing for the average person.
The Preparation for QuestioningBefore direct examination occurs, the expert witness may need to meet with the lawyer. This is important for both deposition and trial. The lawyer and expert should know what the professional will say, what he or she knows about the subject material and have communication down with the possible testimony. This is an involved process that outlines questions and answers without scripting them. Revision is often necessary, and the two parties need to work as a team. During the initial process, the qualifications given by the expert should remain interesting but relevant to the subject of the case or claim.
The Groundwork for OpinionsWhen working through testimony, it is important to lay the groundwork for the opinion later given to the courtroom. This is possible through precise answers to questions and information about the subject matter that is both relevant and important to the case. Key terms, explanations of processes and clearing confusion are all part of this process. Before the courtroom can understand the opinions that the expert will provide later, the judge or jury will need this groundwork to relate to and to better comprehend certain relevant matters. Then, the professional can give opinions about certain aspects of the case.
Visual IllustrationsOne way to provide more effective testimony from an expert witness is to have visual references to certain matters. The subject matter can become confusing when there is too much data or the field of study is not something the judge or jury fully understands. Having a visual guide or illustrations to explain or to assist in proving various points is beneficial. This can also help to provide a foundational groundwork with the subject so that the expert can later explain his or her opinions about the details of the case. The visual depictions are significantly more helpful with data and white-collar crime evidence.
Cross-ExaminationPrior testimony is a serious advantage when confronted with cross-examination from the opposing legal counsel. Similar cases with the same information or where the subject matter is similar can boost the expert witness when everything remains consistent. The expert should refrain from contradictory details and data. His or her testimony will become more effective when it agrees with prior courtroom engagements. This can also increase the credibility of the professional both with the judge and the opposing legal professional. Consistent sources of details and information may also cut challenges out before they are possible and keep a judge from removing the expert as a designated expert witness in the case.
Exact OpinionsWhether it is through a report for the case, during the deposition or with cross-examination, the expert should provide exact opinions. These usually can occur through the foundational groundwork applied to the case prior to explaining what the expert believes based on the evidence. The professional can even work against another expert hired for the case with his or her opinions about the subject matter when there is a foundation to base these opinions on. The Expert may need to develop a theory and use reports and other documentation to execute this process. When providing opinion-based testimony, it is important to have a theory as the basis of a story told in the courtroom to all present.
The Effective TestimonyBy working together with the lawyer, the expert can increase the effectiveness of his or her testimony and explain the details to the courtroom without confusing the judge or jury. Eliciting the correct response is important and can occur through effective testimony.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.