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Deliver a Daubert-proof expert report: defense challenges to plaintiff expert testimony have become a routine part of civil litigation. Here's how to combat them with a thorough, well-documented report.

Article Excerpt
From the moment you retain an expert, you must understand that "the day of the expert who merely opines and does so on the basis of vague notions of experience is over." (1) According to For the Defense, published by the Defense Research Institute, a challenge to the admissibility of expert evidence--based oil Daubert v. Merrell Dow Pharmaceuticals Inc. (2)--"is a potent weapon of growing importance to the corporate defendant's arsenal in civil litigation" and a "standard part of the development of the defense." (3)

To meet such a challenge, you must work closely with your scientific experts to prepare a thorough, well-documented report that will meet Daubert's admissibility criteria.

Your expert's report should be written like a master's thesis. Citations to reference materials are critical. Footnotes and references must support the expert's assertions. The expert's credentials and methodology should also be explained.

The expert's qualifications. The report must include a detailed recital of the expert's qualifications. Do not assume that the court will read the expert's resume and understand wily he or she is qualified to testify. Have the expert include details about relevant experience outside litigation to show how his or her opinions were formed by experience in the field, not by for-hire litigation work. Make sure the expert stresses relevant research that was paid for by independent entities. The expert's research grants or appointments to government or scientific panels help dispel the notion that he or she is outside the mainstream or a "hired gun." A detailed narrative of professional achievements will show the court that many knowledgeable people and reputable organizations have considered your expert credible.

Ideally, your expert will have published peer-reviewed research in the area; the report should explain the relevance of these articles...

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