The Best Guidelines for Expert Witnesses to Follow During Testimony at a Trial

Regardless of whether you are a beginning or experienced expert witness, let me share with you some simple guidelines.

* You can answer most cross examination questions with a simple statement of fact. Alternatively, you can respond with the following simple expressions: "yes," "no," "I don't know," "I don't recall," and "I did not understand your question."

* Never ramble on in your answers. Only provide in your answer what the question requests.
* Never answer questions with phrases that express uncertainty or that begin with, "I guess," "I believe," "I presume," or "I think." Do not hedge your opinions in court the way you might at a party or in coffee conversation with friends. Your expertise and your science should enable you to draw opinions and present opinions that are proper to a reasonable degree of medical or scientific certainty, based on the technical evidence and your work. Answers that begin with technically shaky phraseology will not meet the legal burdens of proof required in a court of law.

* Leave some leeway when relating a series of events, or a list of facts. Do not simply say "that's everything"; instead, say something like "that's all I recall right now."

* Permit the lawyer to finish his question completely. Also wait for one to two seconds before answering. In addition to providing your attorney with an opportunity to object to or comment on the question, this will give you a bit of time to think about the question and your best answer.

* Finally, avoid sounding arrogant or condescending, or making jokes or light hearted remarks. Your words can be too easily turned around by attorneys.

Judd Robbins has been an internationally recognized expert
* Permit the lawyer to finish his question completely. Also wait for one to two seconds before answering. In addition to providing your attorney with an opportunity to object to or comment on the question, this will give you a bit of time to think about the question and your best answer.

* Finally, avoid sounding arrogant or condescending, or making jokes or light hearted remarks. Your words can be too easily turned around by attorneys.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. In 2010, his book "Expert Witness Training" was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at http://www.juddrobbins.com

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