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When an expert isn't an expert.

Publication: Trial
Publication Date: 01-JUL-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In every trial, the judge allows opposing parties to challenge an expert's qualifications. These challenges should he used sparingly, but if you want to limit the expert's testimony or put it in perspective, take the opportunity. You can, in essence, cross-examine the expert before he or she presents opinions and lessen the impact that they will have.

The technique helped me establish my own credibility with the jury and diminish the defendant's in a case involving an asbestos manufacturer that had hired a historian to testify that the medical literature was not clear on the hazards of asbestos at the time the company made its product. In this expert's opinion, the defendant had acted reasonably in manufacturing it.

I...

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