Can’t cross-examine an expert witness, unless you depose the

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portaprokoss
Posts: 218
Joined: Wed Nov 23, 2011 2:40 pm

Can’t cross-examine an expert witness, unless you depose the

Postby portaprokoss » Fri Dec 09, 2011 2:00 pm

Can’t cross-examine an expert witness, unless you depose them.

Where is this in the rules?

blong4133
Posts: 219
Joined: Mon Sep 14, 2009 12:35 pm

Re: Can’t cross-examine an expert witness, unless you depose the

Postby blong4133 » Fri Dec 09, 2011 4:32 pm

Read this and it made me curious so I tried to see if I could find anything and couldn't. The closest thing I could find was a statement in a case that said something like, since the elimination of foundation foundation often provided by a hypothetical question, pre-trial discovery of expert witness' basis for his opinion is essential for effective cross-examination. This was referring to FRCP 26, FRE 705 and committee note, and 28 U.S.C.

But nothing explicitly states in the rules that I found, or through any supreme court cases that says you HAVE to depose an expert to cross examine him/her. It seems like it's more of a duty to the client than anything. But that's as close as I could find. But I didn't spend much time looking either. haha

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Kiersten1985
Posts: 784
Joined: Fri Jul 31, 2009 3:36 pm

Re: Can’t cross-examine an expert witness, unless you depose the

Postby Kiersten1985 » Fri Dec 09, 2011 4:33 pm

Who told you this? Seems more like a prof. resp. issue than an evidence rules issue.

You probably can't develop a good cross unless you have deposed them, but I don't think you'd be barred from trying.

Renzo
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Joined: Tue Dec 02, 2008 3:23 am

Re: Can’t cross-examine an expert witness, unless you depose the

Postby Renzo » Fri Dec 09, 2011 4:54 pm

No, that's crazy and there's no such rule.

random5483
Posts: 684
Joined: Sat Mar 20, 2010 8:17 pm

Re: Can’t cross-examine an expert witness, unless you depose the

Postby random5483 » Fri Dec 09, 2011 6:01 pm

I don't know of any such rule.

portaprokoss
Posts: 218
Joined: Wed Nov 23, 2011 2:40 pm

Re: Can’t cross-examine an expert witness, unless you depose the

Postby portaprokoss » Fri Dec 09, 2011 8:00 pm

nvm . . . I was thinking of 26(b)(4)(A)




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