Qualifying & Attacking Expert Witnesses

ebook

By David J. Galluzzo

cover image of Qualifying & Attacking Expert Witnesses

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Make the most of your expert's testimony and expose the flaws in the opposing expert's testimony with Qualifying and Attacking Expert Witnesses. This edition adds extensive text on expert disclosures and reports, including tips, checklists, and analysis of dozens of recent cases. New material covers:

Timing of Expert Disclosures

  • Initial Disclosures and Damages Experts
  • Compliance with Fed. R. Civ. P. 26(a)(2) and Local Rules

Disclosure Requirements for Non-Testifying Experts

  • Must Expert's Identity Be Disclosed?
  • Consultant Turned Testifying Expert

Disclosure Requirements for Rule 26(a)(2)(B) Testifying Experts

  • Specific Requirements for Expert Reports
  • Attorney Assistance with Report Preparation
  • Continuing Duty to Supplement

Disclosure Requirements for Rule 26(a)(2)(C) Hybrid Fact/Testifying Experts

  • How Much Detail Is Sufficient in Summary Disclosures?

Automatic Sanctions for Deficient Expert Disclosures: Rule 37(c)(1)

  • When Is Expert Preclusion Appropriate?
  • Alternative Sanctions
  • New Form: Motion in Limine to Preclude Expert Evidence for Failure to Comply with Disclosure Requirements

What Is Protected from Disclosure: Rule 26(a)(2)(B) vs. Rule 26(a)(2)(C)

  • Protection for Draft Expert Disclosures
  • Protection for Attorney-Expert Communications

Expert Disclosure in State and Criminal Courts; Different Rules, Same Goals

  • Expert Disclosure in State Civil Courts
  • Expert Disclosure in Federal Criminal Courts

Drafting Written Reports – Fed. R. Civ. P. 26(a)(2)(B) Experts

  • How Attorney Can Assist Expert in Making Report Persuasive and Understandable to Laypersons
  • Using the IRACC Organization
  • Writing and Editing Guidelines
  • Example and Suggested Outline

Use expert witness testimony to your advantage, even your opponent's expert. This briefcase-sized book offers tactics, checklists and case law that make easy work of preparing to deal with expert witnesses from initial discovery to trial.

Qualifying & Attacking Expert Witnesses