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Deposing and Examining Experts

Deposing and Examining Experts. Arizona AFCC Sedona, Arizona February 6, 2010. John Scialli , M.D. Helen Davis, J.D. Daniel Christiano , Ph.D. Annette Burns, J.D. The Rules referred to in this workshop, and the power point slides, can be downloaded from www.heyannette.typepad.com.

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Deposing and Examining Experts

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  1. Deposing and Examining Experts Arizona AFCC Sedona, Arizona February 6, 2010

  2. John Scialli, M.D. • Helen Davis, J.D. • Daniel Christiano, Ph.D. • Annette Burns, J.D. The Rules referred to in this workshop, and the power point slides, can be downloaded from www.heyannette.typepad.com Deposing Experts – AzAFCC 2010

  3. Why Depose • Preserve • Obtain • Assess – witness • Assess - case • To Depose or Not to Depose? Deposing the Expert

  4. Applicable Court Rules • Arizona Rules of Family Law Procedure • Arizona Rules of Evidence Deposing the Expert

  5. How are depositions used • In Court • Impeachment • Tie down the testimony • Witness present, or not? • Video-taping depositions • Why • How Deposing the Expert

  6. Attorney Objections at Depositions –what ARE they fighting about? Or, why aren’t they objecting more? Deposing the Expert

  7. The expert’s preparation for the deposition • The attorney’s preparation for the deposition Deposing the Expert

  8. Can an attorney “prepare” a court-appointed expert? • What methods can be used that don’t violate the ex parte rule? Deposing the Expert

  9. “Closing the Door” Interim Opinions – will the expert weigh in before the evaluation work is done? Deposition -- Trial

  10. Preparing for the event - Trial • Attorney preparation for trial • Preparing cross-examination from deposition testimony • Expert preparation for trial - how different from deposition prep Trial and Hearing Testimony

  11. Expert’s Response to new information since the evaluation report was issued; big delays between the final report and trial The “Timed-Out” opinion Trial Testimony

  12. Asking one question too many (or, taking a deposition that shouldn’t be taken at all) Example! Testimony Pitfalls

  13. Testifying outside the scope of the retention or appointment • Relying on the attorney’s statement of fact • Example! Testimony Pitfalls

  14. Use of hypotheticals – note the Rules of Evidence comments on hypotheticals (for use in trial) Testimony Pitfalls

  15. Making conclusions about new information • Testifying when you aren’t court appointed • Testifying in different roles – therapist vs. expert Testimony Pitfalls

  16. Uncovering undisclosed contacts or bias Example! Attorney’s phrasing (artful or not) of the questions Deposition Examples

  17. Ineffective (boring!) cross-examination Effective: Using testimony from a prior case in this case Trial Examples

  18. The expert is not there to score points • Aim for a final score of zero to zero • Just answer the question • Read and sign Practical Tips

  19. Know your board requirements and other standards --- and what to do if you can’t quote them verbatim • Make the attorney do her job! • Attempts to establish bias • Attacks on your personal life • Tracking your numbers • Harassment Practical Tips

  20. Attorneys – how do you stop a narrative answer? Practical Tips

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