Trial Advocacy CML 3154A Expert Testimony

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Trial Advocacy CML 3154AExpert Testimony

• Faculty of Law, University of Ottawa
• Winter Session, 2005

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Expert Testimony

• Introduction
• Two Sessions on Expert Testimony
• Lecture/Demonstration
• Exercise

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Expert Testimony

• Lecture/Demonstration
• Introductory Comments
• Demonstration of Principles or Techniques
• Comments And Questions

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Expert Testimony

• Exercise
• Four experts from Deloittes
• First half of Exercise Session
• Plaintiffs meet with their expert.
• Defendants meet with their expert.
• Prepare examination-in-chief.
• Prepare cross-examination.
• Second Half of Exercise Session
• Examination-in-chief
• Cross examination

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Expert Testimony

• Lecture Overview
• Nature and Purpose of Expert Testimony
• Personal knowledge, education and experience.
• Not limited to personal knowledge.
• Relevant and helpful evidence to assist trier of
  fact.

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Expert Testimony

• Format of Examination
• Qualification
• Tendering
• Examination-in-chief
• Cross-examination
• Re-examination

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Expert Testimony

• Qualification
• Introduction and Foreshadowing
• Qualification
• Technical Requirements
• Persuasive Qualification
• Curriculum vitae

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Expert Testimony

• Examination-In-Chief
• Statement of Opinion
• Statement of Theory
• Explanation and support
• Data
• Assumptions
• Theory Differentiation
• Conclusion

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Expert Testimony

• Demonstration
• Examination-in-chief

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Expert Testimony

• Cross-examination
• Challenge Credentials
• Limiting Scope of Expertise
• Contrast Credentials
• Obtained Favourable Information
• Affirm Your Own Expert
• Elicit Areas of Agreement
• UseTextbooks
• Challenge Impartiality
• Omissions

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