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Extra info for Effective expert witnessing. Practices for the 21st century
Sample text
The Hearsay Rule and Its Relevance to Experts Rule 801 (c) of the Federal Rules of Evidence defines hearsay as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. An example of hearsay would be for a fact witness to testify that an article in the literature supported her or his eyewitness account. Rule 802 provides that hearsay is generally inadmissible. However, for expert witnesses, Rule 803 enumerates 24 exceptions that allow hearsay evidence to be admitted.
Hunter, Some hazards of being an expert witness. Paper presented at The American Society of Mechanical Engineers (November 8–13, 1992), 5. The Pretrial Process 39 identified or, conversely, there may be so many documents that they cannot be properly tracked or inspected. To be successful as an expert witness, you must know the strategy and tactics required to organize yourself and your information most effectively. Courts encourage both sides to become knowledgeable about the facts and relative value of their positions in the hope that a settlement can be reached prior to trial.
The most significant amendment was made to Federal Rule of Evidence 702, the rule that expressly governs expert testimony. The new rule, which became effective on December 1, 2000, now reads: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.