UnderGround Forums
 

LegalGround >> Expert Testimony Help


11/18/09 12:01 PM
Ignore | Quote | Vote Down | Vote Up
HaMMerHouseFAN
47 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 5327
 
I am defense counsel and plaintiff plans on bringing in an expert witness to talk about the deceased economic worth had they not been killed. However this expert was going out with the deceased for over 3 years prior to her death and is also the benficiary of the deceased estate. Is there any way that I can exclude him from testifing as an expert and instead just as a regular witness? I could just attack that he does have an interest in raising her economic value but if possible I think I would rather just exclude him if possible.

Thanks
11/18/09 1:49 PM
Ignore | Quote | Vote Down | Vote Up
MMA Sports Agent
Send Private Message Add Comment To Profile

Member Since: 7/21/09
Posts: 27
Daubert 509 U.S. 579 is the leading SCOTUS case on expert witnesses.

I don't think the witness's interests in having banged the deceased or in the deceased's estate is grounds for exclusion; unless you can show by a preponderance to the judge that the witness is going to commit perjury. The bias can probably only be used for impeachment on cross.
11/18/09 2:47 PM
Ignore | Quote | Vote Down | Vote Up
HaMMerHouseFAN
47 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 5328
I thought I wouldn't be able to excluede him since he was banging her and he is trying to get around 3 million from the estate but thought I would give it a shot. Thanks for the case cite. I will definitely look at that.
11/18/09 5:18 PM
Ignore | Quote | Vote Down | Vote Up
MMA Sports Agent
Send Private Message Add Comment To Profile

Member Since: 7/21/09
Posts: 28
For a measly $75,000 this Cardozo-esque legal genius can be yours or your firm's. I'll need medical and dental too.
11/18/09 5:29 PM
Ignore | Quote | Vote Down | Vote Up
HaMMerHouseFAN
47 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 5332
Lol. Considereing I am still in law school I'm not sure how I would pay you? Do you take Westlaw Rewards Points?
11/18/09 6:43 PM
Ignore | Quote | Vote Down | Vote Up
MMA Sports Agent
Send Private Message Add Comment To Profile

Member Since: 7/21/09
Posts: 29
No.
11/18/09 7:44 PM
Ignore | Quote | Vote Down | Vote Up
Xtina
Send Private Message Add Comment To Profile

Member Since: 4/11/04
Posts: 29903
HaMMerHouseFAN - Lol. Considereing I am still in law school I'm not sure how I would pay you? Do you take Westlaw Rewards Points?

 lol
11/19/09 12:38 AM
Ignore | Quote | Vote Down | Vote Up
Shaz
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 1450
 Yeah the standard for qualifying an expert has nothing to do with potential conflict of interest - but so what, you can demolish the guy on cross.  Once they jury hears about his involvement with some of the players, they won't believe a word he says.

-Shaz!

Reply Post

You must log in to post a reply. Click here to login.