Expert Witness Testimony & Evidence Flashcards

Under Federal Rule of Evidence 702, an expert witness must base their opinion on sufficient facts or data AND apply principles and methods:

Answer: Reliably to the facts of the case

FRE 702 requires the expert to reliably apply their methodology to the specific facts of the case.

The Daubert standard replaced which earlier expert admissibility test in federal courts?

Answer: Frye general acceptance test

Daubert v. Merrell Dow Pharmaceuticals (1993) replaced the Frye 'general acceptance' standard in federal courts.

A financial expert retained solely to consult with counsel without testifying is protected from disclosure under which doctrine?

Answer: Attorney work-product doctrine

Non-testifying consulting experts' identities and opinions are typically shielded under the attorney work-product doctrine.

Which document must a retained testifying expert submit under FRCP 26(a)(2)(B) that a non-retained expert need not provide?

Answer: A written expert report

Retained experts must provide a full written report including opinions, basis, and qualifications under FRCP 26(a)(2)(B).

During cross-examination, opposing counsel challenges a financial expert's damages model by showing the assumptions differ from those used in a prior case. This technique is called:

Answer: Impeachment by prior inconsistent position

Highlighting contradictions between an expert's current and prior positions impeaches their credibility and consistency.

In a Daubert hearing, the judge acts as a:

Answer: Gatekeeper determining admissibility

The Supreme Court in Daubert held that trial judges serve as gatekeepers to screen expert testimony for reliability before it reaches the jury.