NCJ Number
93037
Date Published
1982
Length
118 pages
Annotation
A community planner with considerable experience as an expert witness describes how to prepare and deliver expert testimony or present technical findings in judicial and quasi-judicial settings and offers advice on professional fees.
Abstract
The book reviews the established stages in expert testimony: swearing in and identification of the witness, statement and presentation of witness's professional qualifications, establishing the witness's aquaintance with the subject in question, and a series of prescribed questions to establish the salient points of the law. The author advocates that witness and attorney work out their dialog in advance and gives suggestions on volunteering information, avoiding entrapment, presentation techniques, and handling cross-examination. A discussion of practical aspects of expert testimony considers the brief, case preparation, graphic exhibits, photographic exhibits, models and organizing papers. The book recommends that expert witnesses be familiar with relevant laws governing their field of expertise, but never offer legal opinions in the course of testimony. It also explores conflict of interest, discoveries, ensuring that cases, privilieged information, and negligence and malpractice suits. Different ways of setting fees are detailed, as are alternative methods of payment. Concluding comments treat licensing, sequence of experts, avoiding the press, referrals, and evaluating an expert. The appendixes provide a sample letter of agreement, a transcript of a public hearing on a land use issue, and exhibits used to support expert testimony. An index is supplied.