Cross-Examining Causation Experts

• Author: Dorothy Clay Sims
• Pages: 941-968

22-1

CROSS:

CAUSATION EXPERTS

CHAPTER 22

CROSS-EXAMINING CAUSATION EXPERTS

INTRODUCTION: WHY IS THIS CHAPTER IMPORTANT?

I. GOVERNING PRINCIPLES

§22:01 Who Are These “Causation” Experts?

§22:02 Why Are They Being Hired?

§22:03 What Are They Really Saying?

[§22:04 Reserved]

II. OVERCOMING COMMON DEFENSES

§22:05 Conduct Thorough Background Investigation

§22:06 Get Initial Concessions

§22:07 Get Admissions About What the Expert Doesn’t Know

§22:08 Attack the Conclusions

§22:09 Challenge Causation

§22:09.1 Example: Personal Injury

§22:09.2 Example: Malpractice

§22:09.3 Rely on Principles of Criminal Forensics

APPENDIX

Appendix 22-A: Causation Expert—Deposition re Credentials, Training

Appendix 22-B: Challenging a Coding “Expert” (with Sample Motion in Limine)

FORMS

Form 22-1: Subpoena duces tecum Attachment for Causation Expert

Form 22-2: Motion in limine to Strike Defense Expert’s Testimony

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)

CROSS:

CAUSATION EXPERTS