can an attorney tell you what to say while answering expert witness questions

And a witness who has to qualify a "yes" or "no" to make it accurate should say something to the effect of, "Your Honor, I can answer that question only if I'm allowed to explain my answer." Even if the witness doesn't get to elaborate on cross-examination, the defense attorney can usually provide that opportunity on re-direct examination.

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Why does the questioning attorney want to control the witness?

Jun 22, 2020 · These 15 questions are an example of what I am typically asked during depositions and testimony: 1. How long have you been doing case reviews? 2. How many times have you testified/been deposed for the plaintiff? For the defendant? 3. What, if any, are your board certifications? 4.

How are witnesses questioned in a criminal case?

Feb 10, 2015 · When you take the oath or affirmation, say "I do" clearly. When you are asked questions, every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory. Be prepared. You should know days or weeks ahead of time that you will be testifying.

What is the best way to be an expert witness?

Aug 07, 2019 · An expert witness who will be testifying, whether it is at deposition or trial, should be prepared to deal with these 10 routine areas of inquiry. 1. Bias. Experts will be cross-examined about their real or imagined bias. Counsel who can demonstrate or raise doubts about the expert’s bias can quickly destroy the credibility of the expert.

Why do lawyers limit witnesses to one word answers?

in court. Knowing the correct answer can go a long way in helping you take control of the situation! Who controls the pace of questioning while you are on the witness stand? a) The attorney asking the questions b) The judge c) You d) All of the above The answer is you! The witness should always be in control, so if you got this one wrong, it would benefi t you to re …

What are some of the dos and don'ts of being an expert witness?

Expert Witness Do's and Don'tsDO give your credentials and elaborate on your background.DO tell the truth. ... DON'T speculate. ... DON'T volunteer information, let your attorney draw the information out that he/she needs.DO stop talking if interrupted.DON'T use jargon.DO take your time to think.More items...•Jun 13, 2017

What do you say in court if you don't want to answer?

If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.

Can a lawyer make you answer yes or no?

The judge is there to act as referee -- if the attorney is asking a yes/no question that's legally valid, they may compel the witness to answer it, as asked or with additional information.

How do you discredit an expert witness?

A key point to discredit expert witnesses is to attack their qualifications. If the cross-examiner can establish exaggerations in the expert's qualifications not only will that expert's credibility quickly fade, but the attorney who called that witness to the stand will likely lose credibility with the jury as well.Aug 25, 2021

What should you not say to a judge?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. ... Anything angry. Keep your calm no matter what. ... 'They didn't tell me … ' ... Any expletives. ... Any of these specific words. ... Anything that's an exaggeration. ... Anything you can't amend. ... Any volunteered information.Apr 15, 2018

How do lawyers try to trick you?

Some lawyers play a trick on plaintiff's lawyers by making arguments that require the plaintiff to amend the case so that he or she spends an exorbitant amount in legal fees at the very early stages of the case. ... This usually requires pleading the case law, rules of procedure and some facts regarding the case.Aug 5, 2016

Why do lawyers say isn't it true?

“Isn't it true” is used all the time. While it is arguably a slightly leading question, it is phrased to avoid giving the witness an open ended question where he/she will say something you cannot anticipate. Never ask a question you do not already know the answer to in trial it you can help it.

How do you say I dont know in court?

So… The safest way is to simple say “I am sorry - I do not recall…” No-one can do anything about a bad memory!

How do you deal with being cross examined?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•Oct 26, 2020

How do Examiner becomes expert witness?

Document examiners must be able to draw correct conclusions about questioned documents and present the evidence concisely and clearly in a court of law. ... Attorneys who have cross-examined an expert in court or deposition are powerful witnesses to an expert's abilities.

How do you disqualify an expert?

Courts generally disqualify expert witnesses when a prior relationship resulted in access to an adverse party's confidential information, and that information could harm that party's interests in the present case.Aug 17, 2016

Can an expert witness be biased?

When the expert witness does the same, he or she is considered biased. If the evidence or opinions are not helpful or persuasive to the judge or jury, they are given less weight than usual. However, when the expert has become swayed by evidence, injury or the defending party, he or she may be disqualified in the case.

What is the strategy of cross-examination?

For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination. T he more the witness is talking, the less control the attorney has. So there is a preference for leading questions that just call for a “Yes” or a “No.” After all, the attorney has a lot more control when the witness is just affirming or denying the lawyer’s word choice and focus, rather than choosing the words and the focus on their own. From a control perspective, the question, “Then you finalized your differential diagnosis, without including DVT, correct?” is a whole lot better than, “What did you do then?”

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

What is the strongest response to a question?

Sometimes the three strongest words in response to a question are “ I don’t know .” When that is the real answer, then that answer is always going to be safer than any alternative. If the questioner has framed it in a way that prevents you from knowing whether it would be a “Yes” or a “No” answer, then say so.

What to say when you testify?

Tips for Testifying. Tell the truth. This is the single most important advice any witness should remember. When you are called to testify, you will first be required to take an oath or affirmation to tell the truth. When you take the oath or affirmation, say "I do" clearly.

How to testify in a courtroom?

Avoid distracting mannerisms while testifying. Avoid chewing gum, candy, or other objects that may make you difficult to understand . Present your testimony clearly, slowly, and loud enough so that the juror seated farthest away from you can easily hear and understand everything you say.

Can you speak to a juror?

If you see a juror, you are not allowed to speak to the juror, even to say hello. Conduct yourself in a dignified manner. From the moment you enter the courtroom or courthouse, your behavior should be appropriate to the seriousness of the proceedings.

What to do when you are called to court?

When you are called into court for any reason, be serious and avoid saying anything about the case until you are actually on the witness stand. Also, do not read in the courtroom, unless asked to do so by the judge or the attorneys. Do not exaggerate or guess.

How to answer questions in court?

Answer the questions verbally. Do not nod your head for a "yes" or "no" answer. Speak out loud, so that the court reporter can hear the answer. For the same reason, try to avoid words like "yah," "nope," and "uh-huh.". Answer only the questions asked.

What is the purpose of cross examination?

The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross-examination is to raise doubts about the accuracy of your testimony. If you feel you are being doubted in cross-examination, remember that to raise doubt is the defense counsel's job.

What is a jury?

Jurors are ordinary people, just like you. Although you are responding to the questions of a lawyer, remember that the questions and answers are really for the jury's benefit. Jurors are the ones who decide the facts of the case. Always speak clearly and loudly, so that every juror can hear you.

What is the importance of dress in court?

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What is the most important thing to tell the truth?

Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.

How to make your testimony sound unconvincing?

Instead, be yourself, and prior to trial go over in your own mind the matter about which you will be questioned.

Can you discuss a case with a jury?

Jurors who are or will be sitting on the case in which you are a witness may be present in the same public areas where you will be. For that reason, you MUST NOT discuss the case with anyone. Remember too, that jurors may have an opportunity to observe how you act outside of the courtroom.

What is the purpose of cross examination?

The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination.

What to do if you answer incorrectly?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

What should an expert be prepared to answer?

Experts should be prepared to answer any and all questions about prior statements they have made in reports, articles, blog posts, prior cases, depositions, and trials. Failure to do so effectively can destroy their credibility.

Can an expert be cross-examined?

Experts will be cross-examined about their real or imagined bias. Counsel who can demonstrate or raise doubts about the expert’s bias can quickly destroy the credibility of the expert. Experts are well advised to form honest, fair, and unbiased opinions and to prepare in advance to address questions about any perceived bias.

What does counsel challenge?

Counsel will aggressively challenge the expert on all aspects of their opinions, including qualifications, research performed. Investigation, methodology, language used, degree of certainty, etc. When counsel can demonstrate flaws in the opinion, or their scope, the expert can be compromised.

Can an expert be disqualified?

If counsel can show or imply that the expert is not really qualified to testify on the issues, the expert may be disqualified by the judge or have their opinions given little weight by the jury. The expert should only accept cases in areas where he/she is truly an expert and well-qualified.

What can counsel expect from an expert?

Experts can expect counsel to try to imply or demonstrate that counsel unduly influenced the expert and the conclusion they reached. A transparent practice by the expert regarding opinion and report preparation is the best way to counter any of these implications.

What should an expert expect and prepare for?

Expert should expect and prepare for close, intensive questions about each and every word in their report. The jury will not find an expert credible if the expert cannot explain or defend the report and its conclusions.

Why do you need an expert witness?

In order to help provide context for your case, expert witnesses can address different elements of fact. By combining their experience and education they can help to assert their findings. Conversely, the opposing side will also have expert witnesses.

What happens if you push too hard?

It should be noted, however, that this is a fine line. If you push too hard, the jury may view you as pushy or overly aggressive, which can alienate them.

When cross-examining an opposing expert witness, what is the specialty?

When cross-examining the opposing expert witness, their specialty is half of the equation. Because of their inclusion by opposing counsel, they likely have assertions that differ from those of your own expert. One way to flesh this out, to contrast with elements of your own expert, is to ask fact-specific questions.

What is expert testimony?

Expert testimony is one component of the overall point that you would like the jury to use to analyze facts of the case. As such, understanding the probable responses that your questions will elicit during cross-examination, in order to help illustrate the picture you try to convey, is extremely advantageous.