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Recollections Refreshed And Recorded, Leonard M. Niehoff

Articles

Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them.

So how do we get there?

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

Articles

Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

One More Final Exam?, Edward H. Cooper

Articles

An invitation to relive the agonies of yesteryear by taking an examination question, even a brief one, may seem easy to refuse. Admitting that the subject is Civil Procedure may seal the issue. But this question triggers a reflex that should be common to all lawyers. Try it. After thinking aobut the question - if you frame your answer without writing it out, less than 20 minutes will do - go on to the explanation of the question's origin and my own answer.

Examination Of The Medical Expert, Harry B. Hutchins

Articles

The expert witness differs essentially from the ordinary witness in at least two particulars; first, in that the field of his testimony is outside the range of ordinary knowledge and experience; and, secondly, in that his testimony in the great majority of cases is in the form of opinions or conclusions that are deemed necessary for the proper guidance of the jury. It goes without saying that the 'lawyer who undertakes the examination of the expert should have such familiarity with the subject of inquiry as will enable him to develop it through the expert logically and clearly, but unfortunately …

The Physician As An Expert, Harry B. Hutchins

Articles

Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …