Law for the Expert Witness

Updated to incorporate legislative and practical changes enacted since the previous edition, this volume is designed for professionals and students requiring edification on the current processes and techniques of legal procedure. New topics in this edition include the non-discoverability of the expert’s draft reports as mandated by FRCP26; the issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody; new and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence; and the reissuance of the Federal Rules of Civil Procedure with new subsections.

Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure.

Drawn from revised versions of the readings assigned to graduate and continuing education courses taught by the author, as well as his own professional experience, the text is divided into four sections. Beginning with procedural issues that an expert witness will encounter in advance of the trial itself, the chapters cover legal paperwork, discovery, depositions and other discovery techniques, and consequences for failure to comply with discovery.

The next section addresses evidentiary issues, exploring fundamental concepts such as burden of proof, presumptions, and admissibility. It defines who is an expert and when one can testify, and describes the proper form of questions to an expert. Next, the book discusses chain of custody issues, exhibits, hearsay, and the best evidence rule.

The book includes suggestions and hints for the expert witness applicable to direct testimony as well as tips on withstanding cross-examination. The final section of the book contains excerpts from the Federal Rules of Civil Procedure and the Federal Rules of Evidence as well as a table of illustrative cases.

New topics in this Fourth Edition include:

• The non-discoverability of the expert’s draft reports, as mandated by FRCP26
• The issue of destruction of evidence as it effects discovery and tests, experiments, and chain of custody
• New and updated information on differing rules among states regarding who is an expert and whether that testimony will be admitted into evidence
• The reissuance of the Federal Rules of Civil Procedure with new subsections

Maintaining the same user-friendly style that made previous editions so popular, this volume enables expert witnesses and attorneys to present compelling evidence in court that will withstand objection from even the most challenging adversary.