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- Home
- Objectives
- Terminology
- Rules of Evidence and Lay Witnesses
- Expert Witnesses
- An Expert Witness Overview: How the Process Works
- Qualities of an Effective Expert
- Ethical Issues
- Sources of Scientific Evidence
- Report Writing and Supporting Documentation
- Using Plain Language in Reports
- Removing Documents From the Case File
- Understanding How Laws Differ Among Jurisdictions
- Consulting Accredited Standards for Case File Requirements
- Following Lab Policies for Report Writing
- Including All Conclusions
- Completing the Report Review (QA/QC)
- Amending Reports
- Submitting the Report to the Proffering Attorney
- Retaining Samples for Future Testing
- Knowing Relevant Lab Policies for Evidence Disposition
- Importance of Case Preparation
- Introduction: Communicating With Attorneys
- Engaging the Expert
- Preparation: Qualities of an Effective Expert
- Curriculum Vitae
- Getting Started: The Action Plan
- Benefits of Pretrial Preparatory Meeting
- The Scientific Method
- Facts of the Case
- Objectivity vs. Advocacy
- Visual and Demonstrative Aids
- Theory of the Case
- Background on the Discipline
- Opinions and Conclusions
- Rules for Experts
- Subpoenas vs. Promises to Appear
- Affidavits
- Being a Court-Appointed Expert
- Discovery
- Definition and Purpose of Discovery
- Effects of Discovery on Experts
- Role of Experts in the Discovery Process
- Specific Tasks for the Expert
- Role of Expert in Compiling Information
- Rules of Discovery for Experts
- Criminal Rules vs. Civil Rules of Discovery
- Discoverable Information
- Early Attorney Consultation
- Importance of Maintaining Current and Complete Documents
- Generating Additional Discovery Requests
- Discovery: Role of Consulting Experts vs. Testifying Experts
- Confidentiality and Privilege Between Expert and Attorney
- Privilege and the Expert
- Retaining Confidentiality
- Ethical Conduct and Discovery
- Meticulous Preparation of All Materials Subject to Discovery at Deposition or Trial
- Orders for Production
- Review of Discovery Items Before Deposition and Trial
- Conclusion
- General Testifying Tips
- Testimony of Subpoenaed Witness
- Overview of Expert Testimony Preparation
- Review of Legal Instructions for Testimony
- Structure and Organization of Expert Testimony
- Items Required for Testimony
- Personal Appearance and Demeanor for Testimony
- General Observations and Objectivity of the Expert Witness
- Fundamental Guidelines for Deposition and Trial Testimony
- Tips for the Expert Witness in Direct and Cross-Examination
- Additional Tips for the Novice or Experienced Expert
- Value of Expert Witness Post-Testimony Self-Evaluation
- Establishment of an Expert Witness "Bill of Rights"
- Assertion of the Expert's Rights as a Witness
- Avoidance of Ethical Violations
- Response to Claims of "Junk Science"
- Depositions
- Definition of a Deposition
- Purpose of a Deposition
- Notification of an Expert Before a Deposition
- Procedure for Conducting a Deposition
- Uses of Depositions
- Preparation for Deposition
- More Specific Preparation for Deposition
- Prior Writings and Testimony Contrary to the Case's Position
- Exercising Caution About Opinions, Omissions and Responses at Deposition
- Answering Questions Effectively in Deposition
- Techniques for Effective Testimony in Deposition
- Inside Information About Attorneys for Expert Deponents
- Value of the Expert Attending an Opposing Expert's Deposition
- Pretrial
- Pretrial Summary
- Pretrial Conference
- Pretrial Motions
- Pretrial Rules of Evidence
- General Admissibility Factors
- Final Trial Preparation Checklists
- Trial Preparation Without Assistance From Counsel
- Trial
- Definition of a Trial
- Types of Evidence
- Relevancy of Evidence
- Requirements for Evidence Admissibility
- Pretrial Motions
- Sequestration
- Use of an Expert Witness at Trial
- Direct Examination
- A Typical Balance Struck by FRE
- Criminal Defendant Can Be Confronted by Accusers
- The Structure of Direct Examination
- Consequences of Not Dealing With Weaknesses
- Exhibits and Visual Aids
- Referring to Notes or the Report
- The Expert's Role
- Effective Expert Testimony
- Five Main Parts of Direct Testimony
- Seven Fundamentals for the Effective Expert
- Important Traits That Enhance Expert Witness Credibility
- Teaching Skills and Direct Examination
- Important Points to Remember for Direct Examination
- Key Advice Learned by Experience
- More Observations for the Effective Expert Witness
- Tone of Voice
- Enhancing Direct Examination
- Qualities of Effective Direct Examination
- Tips for Trial Testimony
- Becoming a Better Witness
- Simplifying the Complex During Direct Examination
- The Attorney's Role
- Visual Aids
- Cross-Examination
- Effective Tips for Cross-Examination
- Impeachment in Context of Forensics
- Seven Key Traits for Successful Cross-Examination
- Preparation for Cross-Examination
- Addressing Claims of "Junk Science"
- Further Preparation Points for Cross-Examination
- Use of Hypothetical Questions
- Important Points to Remember During Cross-Examination
- More Ways to Reduce Vulnerability on Cross-Examination
- Examiner Techniques on Cross-Examination
- Body Language
- Additional Examiner Techniques
- The Attorney's Role
- The Fact Finder (Jury)
- Jury Instructions
- Post-Trial, Pre-Sentencing
- Ethics for Experts
- Appendix
- Sample Engagement Letter From Retaining Attorney
- Sample Engagement Letter From Expert Witness
- Sample Interrogatories and Request for Production to Expert Witnesses
- Useful Steps for Self-Preparation
- Key Issues in Reference to Hearsay
- Deposing An Adverse Witness
- Hearsay Exceptions
- Federal Rules of Evidence (FREs)
- Federal Rules of Evidence Regarding Hearsay
- A Proposed Code of Conduct, American Academy of Forensic Sciences, Jurisprudence Section, Code of Professionalism
- Forensic Professional Codes of Ethics and Conduct
- Contact Us
- Help
- Resources
- Glossary
Date Created: August 23, 2023