Their Experts

• Author: Leonard H. Bucklin
• Pages: 131-142

8. Their Experts

§8.1 Instructions to Staff

INSERT FORM. Prepare one of the Witness

Summary forms for each one of their experts. Fill in

the name and contact information.

File behind each witness’s summary form the

miscellaneous materials which are helpful in han-

dling the expert, such as a copy of the expert’s report.

Attorneys: Review the Admissibility of Expert Opinion Checklist found behind the

tab called “Our Experts.” The reverse of the points our witness should testify to are

points you may want to explore in your deposition of the adverse expert.

§8.2 Checklist: Ten Standard Items to Consider in Cross-Exam of

Experts

1. Show that he is less than impartial.

2. Show he has limits on his qualifications.

3. Do a peripheral cross-examination about the nature of his science and its defects.

4. Attack his opportunity for observation.

5. Show he does not have some facts.

6. Test the memory of the witness; determine his memory is faulty.

7. Make it seem that the expert is conceding some points; confirm points of our

expert.

8. Modify the expert’s own conclusion.

9. Discredit the expert’s conclusion.

10. Develop a portion of our own case. It can be outside the direct testimony area of

the expert.

8-1

Read this instruction sheet. Then

place this instruction sheet as the

first item behind the tab. Leave it

here, so the “Ten Standard Items

to Consider in Cross-Exam of

Experts” is always handy.