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Q wwwroot NESL lawrev Vol36 36 3 04 Brian Holmgren doc Printed On 1 7 2003 The Expert Witness Brian Holmgren There were three professionals who were debating the oldest profession in the world a surgeon a physicist and a lawyer The surgeon said he believed that surgery was the oldest profession in the world because on the sixth day God took Adam s rib and created Eve and that must have been done by a surgeon The physicist said yes but before God created Adam and Eve he created the heavens and earth out of chaos and that was done by a physicist The lawyer then piped up who do you think created all the chaos The fact of the matter is that the law has created its own form of chaos when it comes to the subject of expert witnesses The issue of the day is at least as far as I am concerned do experts advance the truth furthering process of the trial That is what they are supposed to do Do they really do that There are many expert witnesses for whom it can be said if you pay them they will come We call these the Field of Dreams experts and they do come to court on a very frequent basis The law contributes to this process and this process will be the focus of my remarks How does the law help to create this body of chaos for us First of all we have to understand the jury selection process Or actually I should refer to it as the jury de selection process We do not actually go out and pick the jurors we want We go out and get rid of the jurors that we do not want We begin this process by getting rid of the jurors who know anything about the parties the subject matter of the litigation or the technical issues which are the subject of the litigation Basically we ensure a fair Brian Holmgren is an Assistant District Attorney General with the Davidson County District Attorney General s Office in Nashville Tennessee where he is assigned to the Child Abuse Unit He previously served as an Assistant District Attorney in Kenosha County Wisconsin where he was the Director of the



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