Overview -- Understanding your expert discovery goals -- Pursuing expert discovery in traditional ("pre-1993") jurisdictions -- Pursuing expert disclosure and discovery in federal and other "post-1993" jurisdictions -- Attempting to overcome work product claims -- Investigating the adverse expert yourself -- Leveraging your expert against your opponent's -- Preparing to depose their expert -- Battlefield questioning techniques for expert depositions -- Selected samples from an adverse expert deposition -- Post-deposition assessment : determining how best to handle the adverse expert at trial -- Filing a motion to disqualify their expert -- Motions to exclude or limit the adverse expert's testimony on procedural grounds -- Selecting the most receptive jurors to "see through" faulty experts -- Undermining their expert in your opening as appropriate -- Dealing with their expert in your case -- Preparing for a successful expert cross : the basics -- Showing that the adverse expert is wrong -- Undercutting the adverse expert's credibility (including professional competence) -- Conducting mid-trial expert discovery (if needed) -- Applying irving Younger's "ten commandments" to your cross of their expert -- Sample cross of an adverse expert -- Arguing against their expert in closing -- Appeals concerning adverse expert testimony (with advice on preserving objections at trial) -- Final thoughts about the importance of unmasking shady experts and countering incorrect opinions.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.