UTD CS 4398 - Expert Witness and Report Writing (47 pages)

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Expert Witness and Report Writing



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Expert Witness and Report Writing

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Pages:
47
School:
The University of Texas at Dallas
Course:
Cs 4398 - Digital Forensics
Digital Forensics Documents

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Digital Forensics Dr Bhavani Thuraisingham The University of Texas at Dallas Expert Witness and Report Writing October 28 2009 Outline Selecting and preparing an Expert Witness 10 Mistakes an Expert Witness makes Example expert witness Example expert witness report Report Writing for High tech Investigations Reference Chapter 14 and 15 Selecting and Preparing an Expert Witness Reference 1 The initial interview The first contact with the expert is usually over the telephone You or your paralegal should at the outset establish the expert s familiarity with the general subject matter You should also ask about his or her experience with testifying in general as well as testifying on the subject of the litigation at hand Finally you should check for conflicts of interest Never review the facts of the case or postulate strategies and initial theories before you mention the names of the other parties and attorneys Since you may not be able to use the expert you do not want to take the risk that the expert will call opposing counsel and reveal information learned from you Selecting and Preparing an Expert Witness Reference 2 The personal meeting Most professional experts are willing to spend an hour meeting with an attorney before being hired so that the attorney can get a feel for their abilities and expertise They will bill for this time only if hired Clients also should be encouraged to attend these meetings At this meeting you should question experts thoroughly regarding any history of complaints or claims filed against them Better to find out now than at deposition or trial You should listen carefully to determine if the expert speaks with spirit and conviction You should also discuss the expert s previous testimony on the subject matter of the current litigation Has the expert ever taken a position either in writing or in speaking publicly that could be viewed as inconsistent with the opinion you expect the expert to give on your client s behalf Selecting and



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