Law 793: The Retention and Use of Expert Witnesses at Trial

This class focuses on the preparation and use of witnesses in civil litigation, with a strong emphasis on the role of the expert witness.   The course is designed to render the student proficient in direct and cross-examination of witnesses, and in the introduction and use of exhibits and demonstrative aids during civil trials.

The first four weeks of the course reviews the distinctions between the lay and expert witness; the key role that experts play in litigation; the retention and factual education of the expert witness; the proper scope of direct examination; the scope of cross-examination; and the foundation necessary to qualify experts.  Students will watch and comment on videos concerning expert witness direct and cross examination. Thereafter, the course will require student participation as counsel or judges during the direct and cross-examination of expert witnesses.  This participation occurs through exercises in direct and cross examination involving real-life and acting engineers, physicians, accounting and/or economic experts.  Students oppose one another in these exercises in a simulated trial setting, and the course grade is based upon this component. Video critiquing may be a part of the teaching process.

Through the simulations and practice that this course provides, the student will become comfortable with retaining, developing, presenting and defending key lay and expert trial witnesses.

Prerequisites:  Moot Court or Trial Advocacy or Pre-Trial Litigation