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ARTICLE · 22 DECEMBER 2014

How Not To Cross-Examine An Expert

I recently completed a trial in which my adversary’s cross-examination of my expert was like a deposition.

United StatesLitigation, Mediation & Arbitration

I recently completed a trial in which my adversary's cross-examination of my expert was like a deposition.  The cross-examination took an entire day.  The end result was that my adversary did very little to damage the credibility of my expert's opinion, while my expert was able to repeatedly reaffirm her direct testimony.

This was a critical mistake.

You should assume that an expert witness is more knowledgeable on the topic that he or she is testifying about than you are.  Expert witnesses, by definition, will likely have far more experience on the subject of their testimony than you, and are far more effective than the normal witness that may never have testified or has only testified once or twice in the past.

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