On Demand

Preparing Experts for Direct and Cross Examinations

1h 12m

Created on June 04, 2020




There are many considerations when preparing a witness for direct and cross-examination. Most jurisdictions allow for depositions of experts, so many times you will have the beginnings of a roadmap for the cross-examination. In other jurisdictions, where expert discovery is limited, you will need to map out your direct and cross examination based on the elements of your claim. This program, taught by Julie Negovan, Of Counsel in Griesing Law, LLC's Commercial Litigation practice group, will delve into advanced issues in preparing experts for direct and cross-examination at trial.  

First, the presenter will discuss techniques to ensure the credibility of your expert, including strategy considerations such as whether to stipulate to qualifications. The course will also review direct questioning techniques that allow your expert to showcase key expertise, boosting their credibility. In addition, the program will cover issues with privilege and work-product and how to avoid "opening the door" for damaging evidence. Finally, the presenter will examine whether, and to what extent, to draw out on direct weaknesses in the opinion to mitigate damage on the cross, and discuss working with the expert to address cross-examination issues like bias and foundation. At the end of the session, litigators will be prepared for one of the most important aspects of any case: expert testimony. 

Learning Objectives:

  1. Identify your strategy for direct and cross examination to protect work product privilege, mitigate weaknesses, and poke holes in the opposing party's witness testimony
  2. Prepare your witness and bolster their credibility
  3. Map out your cross-examination using prior deposition testimony and the elements of the case 

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