Preliminary Sections

• Author: David J. Galluzzo
• Pages: 1-18

QUALIFYING & ATTACKING

EXPERT WITNESSES

BY DAVID J. GALLUZZO

HIGHLIGHTS

Make the most of your expert’s testimony and expose the flaws in the opposing expert’s testimony with Qualifying

and Attacking Expert Witnesses. New material in this edition covers these topics and more:

Controlling Expert Witness Costs

• Using in-house counsel.

• Qualifying a fact witness as an expert.

• Using public records and government reports.

Written Agreements with Experts

• Topics to include.

• Sample Expert Engagement Letter.

• Maintaining expert confidentiality.

Timing of Expert Disclosures

• Untimely expert disclosure results in loss of favorable verdict on appeal.

Discovery of Expert’s Documents

• Interpretation of Rule 26 as applied to testifying experts.

• Expert’s notes and communications with non-attorneys.

• Documents of non-testifying experts.

Discovery of Electronic Documents

• Avoiding spoliation sanctions.

• Litigation holds.

• Sample Litigation Hold Letter.

• Scope of discovery, proportionality, and privacy interests.

• Cases examining privacy interests in context of requests to inspect personal electronic devices.

• Developing document retention policies.

Electronic Discovery Rules

• Summary of federal rules governing e-discovery including relevant portions of rules 16, 26, 33, 34, 37 and 45.

• Significant excerpts from Advisory Committee Notes explaining rules.

• Summaries of more than 25 cases interpreting these rules.

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