Law for the Expert Witness, Second EditionWritten by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying. |
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Contents
Filing Suit or Legal Paperwork | 3 |
Discovery in General | 9 |
Depositions | 23 |
Other Discovery Techniques | 33 |
Failure to Cooperate in Discovery | 43 |
Pretrial Conferences | 51 |
The Rules of Evidence | 55 |
Fundamental Concepts | 57 |
Hearsay Exceptions I Introduction | 135 |
Hearsay Exceptions II Writings and Records | 139 |
Hearsay Exceptions III Printed Matter | 153 |
Hearsay Exceptions IV Miscellaneous | 159 |
Best Evidence Rule | 163 |
A Real Case | 167 |
Suggestions and Hints for Expert Witnesses | 175 |
Organizing Narrative Direct Testimony | 177 |
Who is an Expert and When One Can Testify | 63 |
The Form of Questions to an Expert | 87 |
Tests Experiments and the Chain of Custody | 97 |
Common Knowledge and Routine Practice | 109 |
Real Evidence | 111 |
Exhibits and Demonstrations | 119 |
The Rule Against Hearsay | 127 |
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Common terms and phrases
admitted alleged answer appeal appellees asbestos attorney burden of persuasion business records business records exception causation cause cervical collar chain of custody Chapter claim clamp conducted connectors Cont'd copy cross-examination data compilation declarant's defendant deponent dioxins disclosed disclosure discovery discretion district court documents examination excited utterance Exhibit expert testimony expert witness exposure fact failure Farris Federal Rules filed flu vaccine Ford Ford Galaxie 500 FRCP Rule FRE Rule furans Hearsay Exceptions hearsay rule hypothetical question injury inspection interrogatories issue Joiner joists judgment judicial notice jury lawyer litigation lung cancer matter MHWM motion negligence objection opinion original paragraph party failing party's PCBs person pipe plaintiff present pretrial conference pursuant relevant request for admission response Rules of Evidence scientific statement subdivision swine flu taking the deposition testified transcript trial court trial judge unless vaccine vehicle voir dire