Saturday, August 22, 2020

Qualify Any Expert: A Template of Foundation Questions


Trial Advocacy – ASPEN ADVOCACY BOOKS

To qualify any expert, just ask these predicate questions. This is just one example of what the book Trial Advocacy: Planning Advocacy and Strategy has to offer.  

        1.         INTRODUCTION:     During this phase, the expert can settle down, be comfortable and develop a rapport with the jury.

                  Q:        Please state your name.
                  Q:        What is your business address?
                  Q:        What is your title?
                  Q:        By whom are you employed?

2.         EXPERTISE:
                  Q:        What is your particular field? 
            Q:       As (e.g., a medical expert, forensic expert), what are your primary responsibilities?

3.         EDUCATION:
                   Q:        Where did you obtain your education in the field of. . .?
           Q:        Please describe your educational background in this area?
            Q:        What degree did you receive after completing  . . .?
                                                                             Q:        After receiving your degree in  . . , were 
you in a further educational program (e.g., for a doctor, intern and residency)?

4.         CERTIFICATION:
            Q:        What is board certification (e.g., in field of medicine)?
            Q:        What are the requirements to become board certified?
            Q:        Are you board certified in  . . .?

5.         LICENSING:
            Q:        Are you or are you not licensed in this state to practice (e.g., medicine, law)?

6.         TRAINING:
            Q:        Could you describe for the jury the other training you received in . . . ?

7.         EXPERIENCE:
            Q:        Have you received any on-the-job training as a  . . .?
            Q:        How long have you worked as a  . . . expert?
           Q:        Over the years that you have worked as an expert in this field, roughly how often have you (e.g., compared known fingerprints with latent fingerprints; performed autopsies)?

8.         PROFESSIONAL ORGANIZATIONS
            Q:        Do you belong to professional organizations in the field of  . . .?
            Q:        How are members of that organization selected?
            Q:        Have you held any office in the organization?

9.         TEACHING
            Q:        Have you had any teaching experience in your area of expertise?
            Q:        What was your academic title, if any?
            Q:        Do you still hold the title and appointment of (e.g., associate professor)?
            Q:        What subjects have you taught?
            Q:        Please explain to the jury, the process of how you achieved the position of . .

10.       PUBLICATIONS
            Q:        Have you or have you not written on this subject?
            Q:        What written works of yours have been published?

11.       HONORS
            Q:        Have you received any honors in the field of  . . . ?

12.       PRIOR EXPERIENCE TESTIFYING
           Q:        Have you testified before as an expert in the area of . . . in (e.g., Superior Court, District Court)?
            Q:        How often have you testified in those courts?
            Q:        Have you testified as a . . . expert in other states?
            Q:        Have you been called to testify for the defense and the prosecution?
            Q:        How often would you estimate that you have been called by each party?

13.    TENDERING THE EXPERT  In some jurisdictions, the attorney at this juncture addresses the judge and tenders the witness as an expert, in words to this effect:  "Your Honor, the plaintiff submits that the witness is qualified as an expert in . . ."  In other jurisdictions, this is not done.  Check for your local custom.

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