You provide ____ testimony when you answer questions from the attorney who hired you. a. direct c. examination b. cross d. rebuttal a. direct PTS: 1 REF: 569 14.
You provide ____ testimony when you answer questions from the attorney who hired you. a. direct b. cross c. examination d. rebuttal. a ...
You provide ____ testimony when you answer questions from the attorney who hired you. Direct The _____ examination is the most important part of testimony at a trial.
Baker is a CFE who has been hired by the plaintiff's attorney to testify as an expert in U.S. federal court for a case that was filed in 2012. The attorney gave Baker a number of documents that he reviewed to create his draft report. If the opposing party requests the …
As an expert witness, you have opinions about what you have found or observed.
Create a formal checklist of your procedures that's applied to all your cases or include such a checklist in your report.
When cases go to trial, you as a forensics examiner can play one of ____ roles.
Validate your tools and verify your evidence with ___ to ensure its integrity.
For forensics specialists, keeping the ____ updated and complete is crucial to supporting your role as an expert and showing that you're constantly enhancing you skills through training, teaching, and experience.
If your CV is more than ___ months old, you probably need to update it to reflect new cases and additional training.
If a microphone is present during your testimony, place it __ to eight inches from you.
You will likely be asked about documents in your deposition. If you are presented with a document, be sure to read it fully, and make sure you understand and are comfortable with what the document says, before agreeing that you have seen it before, making a statement about what the document is, or answering questions about it.
Don’t answer questions that you don’t understand or know the answer to. If you don’t understand the question, ask the attorney to rephrase it. If you don’t know the answer, simply say “I don’t know.”. Do speak to your personal knowledge - that is, things you saw and heard firsthand.
Depositions not only offer a chance to uncover new facts about a case, but also present an important opportunity for a party to showcase to the other side the strength and credibility of its witnesses.
When you are asked to give deposition testimony in a case, you’re usually served with a legal document (a deposition notice or subpoena) telling you where and when to appear. Failing to appear for your deposition can have serious consequences.
Typically, depositions are held at the offices of one of the attorneys in a case , or occasionally in another location such as a hotel conference room. Your deposition will be attended by you (the witness), the attorneys in the case, and a court reporter.
579 (1993), and to the many cases applying Daubert, including Kumho Tire Co. v. Carmichael, 119 S.Ct. 1167 (1999). In Daubert the Court charged trial judges with the responsibility of acting as gatekeepers to exclude unreliable expert testimony, and the Court in Kumho clarified that this gatekeeper function applies to all expert testimony, not just testimony based in science. See also Kumho, 119 S.Ct. at 1178 (citing the Committee Note to the proposed amendment to Rule 702, which had been released for public comment before the date of the Kumho decision). The amendment affirms the trial court's role as gatekeeper and provides some general standards that the trial court must use to assess the reliability and helpfulness of proffered expert testimony. Consistently with Kumho, the Rule as amended provides that all types of expert testimony present questions of admissibility for the trial court in deciding whether the evidence is reliable and helpful. Consequently, the admissibility of all expert testimony is governed by the principles of Rule 104 (a). Under that Rule, the proponent has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence. See Bourjaily v. United States, 483 U.S. 171 (1987).
Rule 702. Testimony by Expert Witnesses. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; ...
The rule is broadly phrased. The fields of knowledge which may be drawn upon are not limited merely to the “scientific” and “technical” but extend to all “specialized” knowledge. Similarly, the expert is viewed, not in a narrow sense, but as a person qualified by “knowledge, skill, experience, training or education.”.
Review the Facts: Before you testify, try to picture the facts of the case in your mind, including people, objects, distances, and exactly what happened at the scene.
If you are a party to the lawsuit, your attorney will help you prepare for your deposition or court appearance. If you are not a party, you should contact the lawyer who issued the subpoena to determine the subject of inquiry for your testimony.
subpoena is a court order for you to appear as a witness at a deposition or in court. The subpoena may also require that you bring certain documents with you. A lawyer issues a subpoena to make sure that you appear and testify. Do not ignore a subpoena since your failure to appear could place you in contempt of court.
As a general rule, you must answer all questions asked when you are testifying. However, you may not have to answer questions that involve certain privileged communications or personal information that has no bearing on the case. Privileged communications are most commonly seen where the witness is a clergyman, physician, lawyer or a member of certain other professions. If your attorney knows that you possess privileged information it can be discussed before you testify. During testimony, your attorney may object to inquiry into such privileged information or to testimony that has no bearing on the case. If the opposing lawyer believes that the question is proper, the lawyer can ask a judge to order you to answer the question. If the judge decides that the question is proper, you will then have to answer it.
deposition is one of the tools that lawyers use to investigate the strengths and weaknesses of both sides of a case. The deposition makes a record of your recollection of the facts at a time when they are relatively fresh in your mind.
Before you testify at a deposition or trial, you will take an oath to tell the truth. You can be prosecuted for the crime of perjury if you lie when you testify. Don’t let your personal judgment about the merits of the case or your connection with the parties aff ect your testimony.