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A lay witness may testify about9/1/2023 Also, if the expert has any publications listed on his/her CV that are relevant to the proceedings, make sure you read the articles and discuss them with the expert to see if there is any additional useful information that can be discussed on direct, or any harmful information that can be used by your opponent on cross-examination. You should compare this checklist with the expert’s CV ( curriculum vitae or résumé) to make sure that you wring out all the expert’s background relevant to the subject matter of his or her testimony. Membership in Professional Organizations (including any leadership positions).Special Recognition in Their Field (Honors, Awards).Code § 720) to help you organize your direct examination: I offer the following checklist of subject areas (consistent with Evid. To recap, in order to qualify as an expert, you must demonstrate on direct examination that the witness has special knowledge, skill, experience, training or education on the subject matter at issue. While most courts grant counsel some latitude in asking leading questions of an expert on direct examination, I have found that asking open-ended questions is more effective as it allows the experienced expert to be the center of the jurors’ attention allows the expert to fully describe his/her qualifications, opinions and conclusions and therefore inoculates the expert from any claim by the opposition that his/her qualifications or methodology are lacking. This would permit leading questions on direct examination for preliminary matters, refreshing recollection, and examining handicapped witnesses, expert witnesses, and hostile witnesses” (emphasis added). “The exception stated at the beginning of the section continues the present law that permits leading questions on direct examination where there is little danger of improper suggestion or where such questions are necessary to obtain relevant evidence. A leading question may not be asked of a witness on direct or redirect examination.” (emphasis added).ĭespite this seeming prohibition, the Comment to Evidence Code § 767 states:.“What specialized education do you have in the field of…”Įvidence Code §767(a) states that “Except under special circumstances where the interests of justice otherwise require: “Please describe your training in the area of….” Ask open-ended questions and allow the witness to describe his/her qualifications in detail. By showcasing the expert’s qualifications, you will enhance his or her credibility with the jurors. Your initial goal on direct examination will be to demonstrate that your witness has the necessary qualifications listed in Evidence Code § 720(a). Showcase Your Expert’s Qualifications on Direct Examination:Įvidence Code §720(a) allows a person to testify as an expert witness “if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” (emphasis added).Įvidence Code §720(b) allows the proponent to show the expert’s necessary special knowledge, skill, experience, training or education “by any otherwise admissible evidence, including his own testimony.” They must be able to defend their opinions and conclusions with unshakeable confidence. The ultimate opinions and conclusions of the expert must logically and ineluctably follow from their expertise and work product.
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