Academy for Practical Nursing Expert Witness Presentation

Expert Witness

In preparation for hearing your expert testimony, you will be asked to state your name and qualifications. This means that you are being asked to stipulate to the court your education, professional practice experience, teaching, publications, professional affiliations, credentials, and any other specialized training that qualifies you to be an expert in this case. Everything in your CV and bio will be entered into the court record as being completely accurate.

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The more you practice reciting your qualifications, the easier it should be when on the stand and being vetted as an expert. This can sometimes be a rather perfunctory exercise; other times the process can take hours. You may be asked to produce evidence of your publications or a list of your previous cases in which you testified. You also may need to determine with the attorney the Frye or Daubert standard followed by the state. If you are in an area outside the United States, there may also be specific standards followed by those respective courts regarding expert witness testimony. Once the vetting process is completed, the case usually moves directly into the actual case testimony. If you have made any notes regarding the case, you are often asked to produce the actual notes. This is important to remember, as all e-mail and notes pertaining to the case are usually considered to be discoverable evidence.

Now it is your turn to “take the stand.” In this Discussion, you will record and post a Kaltura video stating the qualifications and experiences that establish you as an expert witness. You will do this in accordance with the standards applicable in your state or region of residence. After reviewing the responses to your video, you will provide a “cross examination” video improving upon your initial performance.

Scenario: You are an expert witness in a case involving an area of your professional expertise. The attorneys on the case would like to make sure that your experience, education, and skills qualify you as an expert. They have asked you to state your qualifications.

To prepare for this Discussion:

Review sample cases in which experts offer testimony. These can be found by using the CrossExam website from this week’s Learning Resources.
Review the Kaltura requirements from the Kaltura Media Uploader area of the course navigation menu.
Review the Learning Resources and the “Forensic Insights” video explaining Frye vs. Daubert.
Determine if your state follows the Frye or the Daubert standards (Note: If you are an international student, determine the standards of your area).Note: Your Instructor will assign you a colleague who will provide feedback to your video.

Note: For this Discussion, you are required to complete your initial post before you will be able to view and respond to your colleagues’ postings. Begin by clicking on the “Post to Discussion Question” link and then select “Create Thread” to complete your initial post. Remember, once you click on “Submit,” you cannot delete or edit your own posts. You also cannot post anonymously. Please check your post carefully before clicking on Submit!

BY DAY 3

Post a response to the following:

Using Powerpoint, explain your background, education, skills, and experiences as well as anything else that might further your knowledge and expertise in your field. Prove to the attorneys on the case that you are an expert and that your professional opinion is valid by following either the Frye or Daubert standards. Be sure to present yourself professionally and confidently, as you would if you were on the stand in a court of law.

Title your post as Frye or Daubert standards (depending on your state’s requirements or your personal preference if you are an international student).

BY DAY 5

Respond to your Discussion partner.

Explain how your partner can improve his or her professionalism. Constructively and respectfully challenge your partner as an expert. Think of your Discussion response as a cross examination of the expert witness.

BY DAY 7

Post a reply to the “cross examination.” in which you improve your presentation and respond to any questions or challenges.