A Practical Approach to the Use of Expert Testimony

I will raise the questions that a lawyer is likely to put to himself when preparing a case involving expert witnesses, followed by an explanation of how to deal with the expert witness in court. After raising particular issues, I will sketch out the answer that you will find, and since we need to look at some particular jurisdiction, I will pay attention to the federal jurisdiction and the twenty or so states that have enacted the Federal Rules of Evidence. Then, by way of contrast, I will refer to some New York cases, simply because first, I know them best; second, New York has not enacted the Federal Rules of Evidence; and third, New York is, I suppose, the major jurisdiction on the other side of the road from the Federal Rules of Evidence. New York tends to take a different view from the federal view on many of these topics, and an examination o the New York approach will provide an educational contrast to the Federal Rules.