CAA Expert Witness and Legal Testimony 2 — Questions and Answers
Question 1: What is the difference between 'direct examination' and 'cross-examination' for an expert witness?
- Direct is by the opposing attorney; cross is by the retaining attorney
- Direct is by the retaining attorney; cross is by the opposing attorney (Correct answer)
- Both are conducted by the judge
- Direct occurs in deposition; cross occurs only at trial
Correct answer: Direct is by the retaining attorney; cross is by the opposing attorney
During direct examination the retaining attorney asks questions to present the expert's opinions, while during cross-examination the opposing attorney challenges those opinions.
Question 2: An automotive appraiser's written report submitted for litigation should contain which of the following?
- Only a final dollar figure
- A complete statement of all opinions, the basis and reasons for each, and the data or information considered (Correct answer)
- The appraiser's personal opinion of fault
- Confidential insurance reserve amounts
Correct answer: A complete statement of all opinions, the basis and reasons for each, and the data or information considered
Under FRCP Rule 26, an expert's written report must include all opinions, their bases and reasons, the data considered, exhibits used, the witness's qualifications, and a list of other cases in which they testified.
Question 3: What is 'impeachment' of a witness during cross-examination?
- Removing the witness from the stand
- Attacking the credibility or consistency of the witness's testimony (Correct answer)
- Charging the witness with a crime
- Requesting a recess during testimony
Correct answer: Attacking the credibility or consistency of the witness's testimony
Impeachment is a cross-examination technique used to undermine the credibility or reliability of a witness by highlighting inconsistencies, bias, or lack of qualification.
Question 4: When retained as a non-testifying consulting expert, what restriction typically applies to the automotive appraiser's work product?
- It must be filed with the court immediately
- It is generally protected from discovery under attorney work-product doctrine (Correct answer)
- It must be shared with the opposing party upon request
- It becomes public record
Correct answer: It is generally protected from discovery under attorney work-product doctrine
Work product prepared by a non-testifying consulting expert is ordinarily protected from discovery unless the opposing party can show exceptional circumstances.
Question 5: Which standard of proof applies in most civil vehicle damage lawsuits where an appraiser testifies?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
Civil cases use the preponderance of the evidence standard, meaning the plaintiff must show it is more likely than not (greater than 50%) that their damages occurred as claimed.
Question 6: What is the purpose of a 'hypothetical question' posed to an expert witness during trial?
- To confuse the jury
- To allow the expert to give an opinion based on assumed facts that counsel intends to prove (Correct answer)
- To test the expert's memory
- To introduce inadmissible evidence through the back door
Correct answer: To allow the expert to give an opinion based on assumed facts that counsel intends to prove
A hypothetical question asks the expert to assume certain facts are true and then render an opinion, allowing the expert to opine before all evidence is formally admitted.
CAA Expert Witness and Legal Testimony 2
What is the difference between 'direct examination' and 'cross-examination' for an expert witness?