In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
The right to conduct voir dire examination is at the discretion of the court and may be accepted or rejected. It is important to note that the voir dire examination is very limited in its range. Questioning must be only about the expert’s lack of qualifications to render a meaningful opinion to the trier(s) of fact. Following voir dire, the attorney may make a motion to disqualify the witness from testifying due to inadequate qualifications in the field in which the expert claims to be qualified.
Attorneys facing a strong expert may use one or both methods in a tactical attempt to get the expert’s testimony and/or report excluded before trial even begins. For instance, during deposition of the expert, the opposing counsel can evaluate the strength, demeanor, and charisma of the expert. Equally important, the opposing attorney will examine in detail the expert’s report. When the expert’s report is professional, organized and accurate, and includes the necessary components such as the expert’s CV, list of cases, index, list of documents received and reviewed, discovery exhibits and demonstrative evidence and forms a strong, clear and supported opinion and conclusion, the opposing counsel knows he or she is facing an uphill battle in court.