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Limiting the Damage
So you lose an evidentiary argument and the court allows some potentially prejudicial evidence to be presented for some narrow purpose such as bias, impeachment or to show intent, similar plan, motive or scheme. So what should you do? Indiana follows “the rule of multiple admissibility” endorsed by the evidence treatises of both Whitmore →
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Admissibility and the Burden of Proof are as Different as Apples and Oranges…
In a recent case, the Indiana Court of Appeals held that a nurse practitioner can provide expert medical testimony in areas previously reserved to only medical doctors. In the decision from the Indiana Court of Appeals it allowed a Nurse Practitioner to testify as an expert witnesses in a soft-tissue case. See the link below: →
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Expert Witness Reports – Avoiding Litigation Sand Traps – What They Should and Should Not Include
You have hired an expert and are in need of a report or findings for you expert disclosures. What do you do? Here is a short checklist of things to consider: 1. Compliance with Federal Rule of Civil Procedure 26. This probably is a good place to start. The Rule provides in pertinent part →
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Screen Your Expert and Treat Your Case Right by Avoiding Any Big Tricks…
An area which is often overlooked is screening your expert. This is important. Treat it like you would a major purchase, because it is. (a) Review and verify Curriculum Vitae. You can devastate an expert if he lies on his CV. I have done this before with experts who had a long history of →
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Setting the Table for Admitting Your Expert’s Testimony.
To serve your expert’s testimony up to a jury you must consider and establish the following: 1. Qualifications. You need to know precisely what you are using your expert for, and then determine if the expert’s scientific, technical, or other specialized knowledge will help the trier-of-fact to understand the evidence or to determine a particular →
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Expert Witness Retainer Agreements – Striking the Right Deal.
Here are points to consider: 1. Cannot be a contingent fee arrangement. This is unethical and would be disastrous regardless… enough said. 2. Cost of initial consultation. This should be free or nominal, but make sure this is clear. 3. Definition of scope of work. This should be set out in the initial engagement letter →
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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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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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The Barrister's Toolbox 