Chapter 15 Expert Testimony in High-Tech Investigations

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Chapter 15Expert Testimony in
High-TechInvestigations
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• Lay, Technical/Scientific, Expert Witnesses
• Lay Witness person who basis testimony on
  personal observation not considered to be an
  expert in any particular field
• Technical/Scientific Witness person who
  testifies using only the FACTS related to an
  investigation NO opinion is given
• Expert Witness person who may give opinions
  during testimony opinions are based on
  experience and facts gathered during
  investigation

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• Conflicting Out
• Tactic used by opposing attorneys to disqualify
  an expert witness by discussing the case with the
  expert witness. The opposing attorney claims
  that the discussion has led to a conflict of
  interest
• Expert witnesses should avoid this tactic by
  avoiding any all conversations with opposing
  attorneys

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• Procedure Checklists
• Formal checklists should not be used during an
  investigation nor referred to in reports or
  during testimony
• Opposing attorneys can use formal checklists to
  disqualify an expert witness if any procedure
  deviated from the checklist

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• Curriculum Vitae (CV)
• Outline of an expert witness professional
  history, including education, training, work,
  publications, and other cases in which the expert
  witness has been involved
• CV should contain any item that helps to
  establish your qualifications as an expert
  witness education, experience, professional
  associations, and any past investigations
  testimony
• CV should be up-to-date (update every 3 months)
• CV should NOT be specific to a particular trial
  or case

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• Voir Dire (vwär-der)
• To see, to say or to speak the truth
• Qualification process at beginning of testimony
• During Voir Dire, the expert witness is asked a
  series of questions by the attorney who hired
  him/her
• Questions are intended to show the expert witness
  is qualified to testify
• Opposing counsel may also question the expert
  witness in an attempt to disqualify him/her

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• Education Level of Jurors
• The typical juror averages 12 years of education
  and reads at an eighth-grade level
• You must speak in a laypersons language and
  avoid technical jargon (unless there is no
  alternative)
• If technical words must be used, they should be
  defined
• Use analogies that a layperson would understand

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• Direct versus Cross Examination
• Direct Examination when an expert witness is
  asked questions by the attorney who hired him/her
• Cross Examination when an expert witness is
  asked questions by the opposing attorney

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• Depositions and Trials
• A Deposition is a formal examination in which the
  expert witness is questioned under oath
• NO judge or jury are present at a deposition
• A Trial would include all parties present at a
  deposition, plus the addition of a judge and jury

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• Depositions and Trials (continued)
• 2 Types of Depositions
• Discovery Deposition part of Discovery process.
  The opposing attorney asks both direct cross
  examination questions as the testimony is
  video-taped or a written transcript is made
• Testimony Preservation Deposition held at the
  request of the attorney who hired the expert
  witness. It is usually held to preserve the
  expert witness testimony in the event of
  schedule conflicts or health problems. It is
  also recorded by video or written transcript.