Cross-examination of the Expert Witness in the Orlando, Florida Area
- May 18, 2020
- ontarget
- Uncategorized
- 0 Comments
Cross-examination of the expert witness in the Orlando, Florida area. Why is it important to do a thorough cross-examination of your opponent’s witness? It is important to do a thorough cross-examination of your opponent’s expert witness for many reasons. Cross-examination can be used to modify, contradict, or clarify your opponent’s expert witness’s testimony. It is used to discover the truth. During the cross-examination of an expert witness, you may fully inquire into the history utilized by the expert to determine whether the expert’s opinion has a proper basis. You can elicit from an expert witness the income from the work he has performed for the opponent’s counsel. This information is relevant to determine bias. It is also proper to elicit testimony as to the percentage of the breakdown of the expert’s practice. The frequency in which expert testified for your opponent’s counsel is relevant inquiry. You may also question your opponent’s expert regarding how many times he testified for a plaintiff or a defendant and how many times he/she had contradicted another doctor. However, you cannot question the expert as to his ultimate opinion in each case. That is the normal course, an expert need not disclose how much money he/she earns as an expert or total annual income. Only in the most unusual and compelling circumstances can an expert be required to produce his business records and 1099s.
There is a body of law that forbids counsel from asking a witness whether another witness is telling the truth. You cannot ask an expert what he thinks of the opposing party’s expert. Your expert cannot offer an opinion as to the opposing party’s expert competency or qualifications. You cannot ask your expert if another witness is telling the truth.
Experts can be cross-examined with authoritative treatises. You must first establish that the witness recognizes the document as authoritative or you must independently establish its authoritative nature. You must show there is credible evidence to support the conclusion that the document is authoritative.
If you have more questions regarding a Marital and Family Law, Guardianship or Probate matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com
This article is for informational purposes only; and it does not form an attorney client privilege.