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Trial judges are an excellent source for tips and constructive suggestions for testifying experts. They have presided over many cases involving testifying experts, and they have a unique sense of what mannerisms, abilities and traits work in court — and which ones don't work.
Following are some useful testimony tips and suggestions for testifying experts from trial judges:
- Always tell the truth, even if it hurts.
- Do not be pompous or egotistical.
- Do not speak down to the fact finders.
- Use plain English — translate technical terms when necessary.
- Do not be an advocate for the case — be a knowledgeable expert.
- Do not evade cross-examination questions.
- Do not volunteer extraneous information.
- Do not be a show-off.
- Be aware of court procedure and practice.
- Do not be a know-it-all about how the case should progress.
- Do not testify above the heads of the courtroom personnel.
- Be lively and vibrant, not boring.
- Do not stray beyond your area of expertise.
- Do not feel you need to have an opinion on everything.
- Answer the question that is asked and then stop talking.
- State why you cannot answer the question.
- Tip off the calling attorney to come back to an area of cross-examination ("Yes, but may I explain?").
- Correct mistakes at once.
- Do not try to defend a wrong answer.
- Do not cause the judge to admonish you for any reason.
- Do not keep repeating the same points over and over.
- Keep your reputation impeccable.
- Always maintain credibility.
In addition, a veteran trial judge suggests:
- When qualifications are presented, use only the highlights of a professional career and not every minute detail.
- Make sure expert opinions are based on a reasonable degree of technical, scientific or professional probability.
- Be prepared to explain the "why and wherefore" of expert conclusions.
- Don't be afraid to undertake a practice session of direct and cross-examination before offering testimony. The expert's poise may increase dramatically as a result of practicing responses and delivery.
- Expose any weak areas of the case during direct examination, such as frequency of testimony for a particular side, length of examinations, retention by opposing counsel, payment for testimony, and possible disagreement with opinions of other experts.
- Translate all testimony into nontechnical terms — words that can be understood by everyone in the courtroom.