Attacking Adverse Experts

Attacking Adverse Experts

by Stephen D. Easton


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Attacking Adverse Experts by Stephen D. Easton

Attacking Adverse Experts is a comprehensive step-by-step guide to investigating, evaluating, and attacking the adverse expert in civil cases, from the earliest stages of discovery, through the expert's deposition, your motion to exclude his testimony, your cross-examination of the expert and other critical phases of the trial, and even appeals. In addition, the book includes a CD-ROM of appendix material that provides checklists and dozens of legal citations.

Product Details

ISBN-13: 9781604421149
Publisher: American Bar Association
Publication date: 06/16/2009
Edition description: Original
Pages: 770
Product dimensions: 6.20(w) x 9.00(h) x 1.70(d)

Table of Contents

About the Author viii

Acknowledgments xi

Chapter 1 Overview 1

Phase I Gathering Relevant Information

Chapter 2 Understanding Your Expert Discovery Goals 7

Chapter 3 Pursuing Expert Discovery in Traditional ("Pre-1993") Jurisdictions 17

Chapter 4 Pursuing Expert Disclosure and Discovery in Federal and Other "Post-1993" Jurisdictions 45

Chapter 5 Piercing Overstated Work Product Claims 113

Chapter 6 Investigating the Adverse Expert Yourself 153

Chapter 7 Leveraging Your Own Expert (and Others) in Attack Mode 177

Phase II Deposing the Adverse Expert

Chapter 8 Preparing to Depose Their Expert 197

Chapter 9 Battlefield Questioning Techniques for Expert Depositions 249

Chapter 10 Selected Samples from an Adverse Expert Deposition 271

Chapter 11 Post-Deposition Assessment: Determining How to Attack the Adverse Expert at Trial 291

Phase III Moving to Disqualify the Adverse Expert

Chapter 12 Filing a Motion to Disqualify Their Expert 309

Chapter 13 Motions to Exclude or Limit the Adverse Expert's Testimony on Procedural Grounds 371

Phase IV Launching Your Attack

Chapter 14 Selecting the Most Receptive Jurors for Your Attack 391

Chapter 15 Undermining Their Expert in Your Opening 423

Chapter 16 Attacking Their Expert in Your Case-in-Chief 439

Phase V Crossing the Adverse Expert

Chapter 17 Preparing for a Successful Expert Cross: The Basics 477

Chapter 18 Showing that the Adverse Expert Is Wrong 491

Chapter 19 Attacking the Adverse Expert's Credibility (Including Competence) 519

Chapter 20 Conducting Mid-Trial Expert Discovery (If Needed) 577

Chapter 21 Applying Irving Younger's "Ten Commandments" to Your Cross of Their Expert585

Chapter 22 Sample Cross of an Adverse Expert 635

Phase VI Finishing the Job

Chapter 23 Arguing Against Their Expert in Closing 701

Chapter 24 Appeals Concerning Adverse Expert Testimony 721

Chapter 25 Final Thoughts About the Importance of Attacking Incorrect Experts 743

Index 747

Appendix (On Compact Disc)

Checklists and Outlines

Independent Investigation Checklist (from Chapter 6)

Checklist of Subjects Your Expert Needs to Teach You (from Chapter 7)

Expert Deposition Outline (from Chapter 8)

Pretrial Checklist (from Chapter 11)

Checklist of Questions to Ask About Experts (from Chapter 12)

Cross-Examination Outline (from Chapters 17-20)

Charts (of the Law of Multiple Jurisdictions)

Expert Discovery and Disclosure Chart

Work Product Chart

Expert Evidence Law Chart

Expert Cross-Examination Law Chart

Jury Instructions Chart

Expert Appeals Chart

Outlines (of the Law for Attorneys in Specified Jurisdictions)

The 50 States and the District of Columbia, Guam, Puerto Rico, and the Virgin Islands

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