Their Experts

AuthorLeonard H. Bucklin
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
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
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.
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.

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