Cross-Examinations of Expert Witnesses: Evolution, Literature, Interviews
31 Pages Posted: 25 Mar 2013 Last revised: 20 Oct 2023
Date Written: December 22, 2012
Abstract
Modern trials often turn on a battle of expert witnesses. Opposing counsel may call forth equally qualified experts who attest to equally substantiated but opposing positions. Cross-examinations of these experts offer invaluable opportunities to develop favorable testimony while limiting harmful testimony. This paper seeks to understand expert cross-examination by tracking its evolution from traditional doctrine with the Frye general acceptance standard to modern standards with the Federal Rules of Evidence and the Daubert standard of admissibility. This paper offers both a review of relevant literature on goals and techniques of effective cross-examination as well as original research on the same from interviews with practitioners.
Keywords: trial, trial technique, cross-examination, cross examination, witness testimony, expert witnesses, expert testimony, Frye, FRE, rules of evidence, Daubert, original research, interviews
JEL Classification: K42
Suggested Citation: Suggested Citation