Cross-Examinations of Expert Witnesses: Evolution, Literature, Interviews

31 Pages Posted: 25 Mar 2013 Last revised: 20 Oct 2023

See all articles by Julie Fogarty

Julie Fogarty

Boston University School of Law

Daniel Jeng

First Eagle Investments

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

Fogarty, Julie and Jeng, Daniel, Cross-Examinations of Expert Witnesses: Evolution, Literature, Interviews (December 22, 2012). Available at SSRN: https://ssrn.com/abstract=2238670 or http://dx.doi.org/10.2139/ssrn.2238670

Julie Fogarty

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Daniel Jeng (Contact Author)

First Eagle Investments

1345 Avenue of the Americas
New York, NY 10105
United States

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