Expert Testimony & Court Presentation Flashcards

A fraud examiner's deposition testimony contradicts their earlier written report. This inconsistency is called:

Answer: Impeachment material that opposing counsel will exploit at trial

Inconsistencies between a report and deposition testimony are classic impeachment material that opposing counsel will highlight to attack credibility at trial.

The concept of 'reasonable degree of professional certainty' in expert testimony means the opinion is:

Answer: Held with the same confidence an experienced professional would have in their field

'Reasonable professional certainty' means the expert has the same level of confidence in their opinion that a competent practitioner in that field would require before acting on it.

When an expert witness uses the phrase 'in my opinion' versus stating a fact, it signals to the jury that:

Answer: The statement is the expert's professional judgment, which can be given weight but is not conclusive

Framing statements as opinions distinguishes expert judgment from established fact and properly invites the jury to weigh the opinion against other evidence.

In federal court, communications between a testifying expert and retaining counsel are:

Answer: Generally protected except for communications that contain facts the expert considered, compensation details, and instructions affecting opinions

FRCP 26(b)(4)(C) protects most draft reports and attorney-expert communications, but requires disclosure of facts provided, compensation, and any assumptions counsel directed the expert to make.

A fraud examiner is cross-examined about their compensation and how many times they have testified for the same law firm. The purpose of this line of questioning is to:

Answer: Suggest financial bias and that the expert is a 'professional witness' for hire

Repeated engagements by the same firm and high compensation are used to imply financial bias — that the expert tailors opinions to generate repeat business.

Which of the following best describes the role of rebuttal expert testimony?

Answer: To specifically address and contradict opinions offered by the opposing expert

Rebuttal expert testimony is narrowly scoped to respond to and contradict specific opinions offered by the opposing side's expert witness.

An expert witness who testifies about matters outside the scope of their disclosed opinions may face:

Answer: Exclusion of the out-of-scope testimony and potential sanctions under FRCP 37

FRCP 37(c)(1) provides that failure to properly disclose expert opinions results in exclusion of that testimony and potentially other sanctions.