The Barrister’s Toolbox
A Resource for Trial Advocacy
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How to Exclude Self-Serving Reports by Testimonial Experts
So you’re at trial and your opponent wants to offer into evidence their expert’s written report… What do you do? Is it admissible? The short answer is no. Expert’s reports are documents prepared in anticipation of litigation and do not have the inherent reliability of documents typically considered and admissible under exceptions to the hearsay…
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Medical Malpractice: When Common Sense Trumps Expert Knowledge
Medical malpractice cases are difficult and expensive to litigate. However, sometimes experts are not required… Just common sense. Indiana has long embraced the “common knowledge exception” to requirements of expert testimony in certain matters. A physician’s allegedly negligent act or omission can be so obvious that expert testimony is unnecessary. Wright v. Carter, 622 N.E.2d…
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The Case Against Experts in the Courtroom
“If you can’t explain it to a six year old, you don’t understand it yourself.” Albert Einstein I have always thought it is unclear whether Indiana Rule of Evidence (IRE) 615 applies to depositions. IRE 101(C) states: Rules Inapplicable. The rules, other than those with respect to privileges, do not apply in the following situations:…
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When a Negative Becomes a Positive
Absence makes the.heart grow fonder and can also act as proof positive in a case of “missing” evidence or documents. First, there are two noted exceptions to the hearsay rule for the absence of a record. Indiana Rule of Evidence 803 has two subdivisions that deal with the admissibility: 803. Hearsay Exceptions: Availability of Declarant…
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