Expert Witness

Question: Where can I find an expert witness on mattresses? I'm in a dispute with a mattress company and want to sue them in small claims court for fraud of warranty. Where can I find an expert witness or someone really knowledgeable about mattresses to look at it and give an opinion?

Answer: Expert witness transportation, per diem, and fee costs, even if allowed in a small claims court, would probably amount to much more than the value of the mattress. Accept the mattress deficiency as a learning experience and move on. If an innerspring design with body depression issues, consider replacing the top comfort layer with a talalay latex topper and a wool fleece pad. http://www.foambymail.com/LatexTopper.ht… http://www.cuddledown.com/shopping/produ… Mattress selection is really a trial and error process. The best you can do is research the various configuration options and make an "educated guess". http://www.whatsthebest-mattress.com/for…

Question: What is the best way to market myself directly to lawyers as an expert witness? I am listed on an expert witness database but a recent direct mailshot to personal injury lawyers resulted in no responses at all. What is going wrong? What else can I do?

Answer: Your best option would be send a covering letter accompanied by a CV to a number of law firms. Lawyers/Solicitors don't always have the time to search websites, so the most direct approach is to market yourself as described above.

Question: What do fingerprint examiners need to do to be prepared to be an expert witness and testify in courts? Explain the preparation and what must be done to qualify as an expert witness.

Answer: You have to be able to articulate your education in the field of fingerprint analysis, and how you concluded a match. They will try to discredit you anyway they can, just be sure to meet with the DA and go over what he needs you to say and not say. It is a very intense process.

Question: Is a statement of truth an obligation in expert witness reports? Is it the law in the UK to include this in an expert witness report or is it just advised to?

Answer: Advised because they have an english bill of rights, they have individual freedoms like us. For example in court you can swear to tell the truth but you can say a butt load of lies and they wont do anything about it

Question: How would one become an expert witness? How long would it take to become an expert witness and what is the criteria to become one? Is there an age limit?

Answer: uh.....you become a recognized expert in a field. Could take 50 years or 2 months depending on the field and the need for expert testimony. It's not something that has a handbook or that a person in his right mind sets out to become. Generally a lawyer needs testimony about a specific regimen; he goes to the state or federal body with oversight.

Question: How to admit an expert witness in a mock trial case? I know what expert witnesses are and what they are used for but I do not know how to ask the judge if I can admit them. I know once you give credit towards the witnesses education and/or experities, you say "your Honor, I would like to admit _________ as an expert witness" I need help asking if I can admit the witness by saying it formally...any information would be great. Thanks

Answer: Sorry, the above answer is good but isn't always correct. Many times, discovery isn't even requested. This depends on the jurisdiction, because each has its unique discovery rules. The formal language you want is: "Your Honor, I now proffer Dr. X as an expert to the court and request that she be allowed to testify as such." Sometimes, after you feel like you've qualified the witness as an expert, the opposing side may want to take the witness on voir dire (sort of like cross examination of the qualifications) and might ask further questions. Be prepared for this. Good luck in your mock trial. Are you the prosecution or the defense, or is this a civil case?

Question: What is the cost for an expert witness report? What would be the cost for an expert witness report in a personal injury case? I would an expert witness to determine if a property condition was dangerous?

Answer: As much as the expert wants to charge. Experts set their own fees. There are no rules limiting those fees.

Question: What does an expert witness generally charge per hour in California? Any input is appreciated, but I'm specifically trying to get an idea of what expert witnesses charge per hour to work on a civil case involving real estate. Also, is there an accepted rate for an initial retainer? Thanks in advance to all who respond.

Answer: It depends on what the expert's field of expertise is. Some don't have to be paid anymore than the court mandated minimum (because they refuse pay). Some will charge as much as $10,000. It just depends. As for initial retainer, it depends on the type of litigation. Post more facts about your case and I can give you a MUCH better answer.

Question: Who pays an expert witness, the lawyers or the clients? Who pays an expert witness in a court case the law firm or is it included in the fees that the clients are paying the firm?

Answer: Just like tax increases, the cost is passed to the customer. The expert may be on retainer with the law firm just the way the client may have the law firm on retainer. If the Law Firm trusts the client and has a good billing history, the firm will likely pay add their upcharge and then bill the client.

Question: What is the average salary of an expert witness? Most people don't know this occupation or don't post the salary because expert witnesses can write their own paychecks. What is the average salary? If you can't answer that, do they make, on average, six-figure salaries? Thanks!

Answer: An expert witness must be a highly skilled professional before the court recognizes him or her as such. Courts tend to look down on "professional" expert witnesses, considering them little more than mercenaries, who will testify for whoever offers them the most money., and therefore considers their testimony slightly tainted. They can earn up to $1000 per hour, but the work is not guaranteed. And like I said, the court has to accept them as an expert.

Question: Where can you find an expert witness who can determine connection of sewage to disease? Does someone have a list of expert witnesses whose testimony has been accepted in court re: proving the CAUSE of a disease or illness? Can the cause of a disease ever be definitively be proven in court?

Answer: Your place to start is your yellow pages. You need someone local first Look for environmental or hygiene consultants. You need them to look at the situation first and they can hook you up with local or regional lawyers. Another place you can get company names is the AIHA list (see reference). Look for the listing that have biological, mold, or toxicological services.

Question: Why it is important that one called as an expert engineering witness in a technologically complex legal case:? discloses to the attorney who hired him or her about the negative side of the expert witness’ proposed testimony, as well as all of the positives?

Answer: Because expert witnesses may tend to slant their testimonies in favor of the party who is paying them, and the finder of fact will tend to be suspicious of that possibility. The opposing attorney will do his best to take advantage of that, and the attorney who hired the witness needs to know what kind of embarrassing questions might be asked on cross examination so he can be prepared to rehabilitate on redirect.

Question: Can this affect a Private Investigator's credibility as an Expert Witness? Can this affect a Private Investigator's credibility as an Expert Witness? Can an Unemployment Insurance Overpayment of two hundred dollars which resulted "in my fault" affect a Private Investigator credibility in a court of law as an Expert Witness? Note: The overpayment has been paid and no criminal charges were filed, however my unemployment local office does have a record that I paid the overpayment which resulted "in my fault"

Answer: No it would not show on a background so it could not have an effect on anything except future unemployment.

Question: A non-expert witness is asked about appearance of defendant being rational or irrational? A nonexpert witness is asked, “What was the appearance of the man at the time, with reference to his being rational or irrational?” Will an answer be allowed over the objection of the other party?

Answer: The objection would be that the eyewitness would be making a conclusion as to the mental state of someone else, something of which can not be proven, thus being inadmissible. The lawyer can then ask to rephrase and ask the eyewitness to "describe the behavior of the person", which could then be determined by the jury to be acting rationally or irrationally. whale

Question: How does an expert witness in a case show that a suspect was oppressed by police to falsely confess? For example, a forensic psychologist, with a view to having confession excluded from the evidence due to police oppression or coercion.

Answer: With great difficulty. In the very recent case of George Beattie v Her Majesty's Advocate [2009] HCJAC 22, the Court of Appeal considered expert evidence on this point from two eminent psychologists, Professors Cooke and Gudjonsson, on the question of the reliability of the alleged admissions noted by the police, and rejected their evidence as insufficient to justify quashing the conviction. While a different view was taken in Campbell and Steele v Her Majesty's Advocate (2004) SCCR 220, the courts are generally quite sceptical of many psychological theories based upon linguistic analysis.

Question: Are expert witness reports public documents and how could I get hold of one? Do you know how much these cost as I am a student and need these for a project?

Answer: If you are referring to expert testimony, you can purchase the transcript of the hearing from the court reporter, if it is available. It will usually cost extra to include the exhibits introduced into the hearing. If the expert produced his/her report in the hearing, you might get lucky. If you know the cause number of the case in which the expert is involved in, you can have the district clerk duplicate the file. All these methods will require you to pay a significant amount of money and there is no guarantee that this report would be a matter of public record.

Question: Can an expert witness testify via court call instead of appearing in person? I am in the middle of a custody battle and I have to have the psychologist testify. The court hearing is 2 hrs from where I live. I thought the judge said that he could call in and testify but the kids attorney says no, witnesses have to appear in person.

Answer: not sure for positive, but i would say almost anything can be done now-a-days.

Question: What criteria do you rely on to determine an expert level or status of an expert witness?

Answer: Number of years in their respective field, advanced degrees, and any sort of awards or publications that person has recieved/produced.

Question: What types of evidence are provided by expert witnesses in eye witness identification?

Answer: Probably evidence that eyewitness identification is highly unreliable.

Question: What is the role and function of the expert witness in construction related disputes? Critically analyze the role and function

Answer: The role of the expert witness in any trial is to use his education and experience (which is reviewed by the judge to determine his qualifications) to provide both an opinion based on his education and experience as to the interpretation of the facts and also to attempt to explain the basis of that interpretation to the finder of facts (jury or judge) so that they may make a reasonable finding based on the facts.