Law for the Expert Witness, Second Edition

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CRC Press, Dec 12, 2010 - Law - 248 pages
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Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.
 

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Contents

Filing Suit or Legal Paperwork
3
Discovery in General
9
Depositions
23
Other Discovery Techniques
33
Failure to Cooperate in Discovery
43
Pretrial Conferences
51
The Rules of Evidence
55
Fundamental Concepts
57
Hearsay Exceptions I Introduction
135
Hearsay Exceptions II Writings and Records
139
Hearsay Exceptions III Printed Matter
153
Hearsay Exceptions IV Miscellaneous
159
Best Evidence Rule
163
A Real Case
167
Suggestions and Hints for Expert Witnesses
175
Organizing Narrative Direct Testimony
177

Who is an Expert and When One Can Testify
63
The Form of Questions to an Expert
87
Tests Experiments and the Chain of Custody
97
Common Knowledge and Routine Practice
109
Real Evidence
111
Exhibits and Demonstrations
119
The Rule Against Hearsay
127
Withstanding CrossExamination
181
Appendices and Case Listing
185
Extracts from the Federal Rules of Civil Procedure in Numerical Order
187
Extracts from the Federal Rules of Evidence in Numerical Order
209
Table of Illustrative Cases
221
Index
225
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