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

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

Regardless of whether you are a starting 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 know 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 experience and your science should enable you to draw conclusions and present opinions that are accurate to a reasonable degree of medical or scientific certainty, based on the technical evidence and your work. Answers that begin with technically weak 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."

* Allow the attorney to finish his question completely. Also wait for one to two seconds before answering. In addition to providing your lawyer 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.

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