Expert Witness Blog

Jurat expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use. Here the association explains the jurat:

Jurat A jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that person’s signature. The signing of the affidavit, and the execution of the jurat, is required by all states to be done at the same time in the physical presence of each other.

The jurat initiates a legal process that could eventually result in criminal conviction and punishment if the signor is later found to have lied.

Affidavits of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

PROOFS AND AFFIDAVITS OF SERVICE

Process Server’s Work Product The work product of a professional process server is the proof or affidavit of service submitted by that person attesting to the fact that a particular person or entity was given legal process in a manner prescribed by law. The proof or affidavit of service is what the courts rely upon to determine whether jurisdiction has been acquired over a particular person, entity, or property. The proof or affidavit of service must be beyond reproach.

Interstate motor carrier operations expert witnesses may testify on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Safety Advocates See ‘Green’ Benefits in Lowering Speeds:

Why wait until 2014 for national truck fuel economy standards when we can take strides today to improve fuel economy and reduce emissions? Steve Owings, President and co-founder of Road Safe America said in a June 28 editorial published in The Hill.

“Fuel savings can be achieved and pollution reduced immediately if you order speed governors already installed on big trucks to be set at 65 mph,” Owings said.”Excessive speed is the largest single factor in reduced fuel mileage.”

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

SERVICE OF PROCESS

1. For purposes of these Best Practices, “Primary service” of process refers to the service of initial or other process intended to acquire jurisdiction over a person or property. “Secondary service” of process refers to the service of subsequent papers exchanged between the parties following service of initial process. These Best Practices refer to both Primary and Secondary service of process.

Federal motor carrier safety regulations expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

Driver behavior is the most common cause of all vehicle crashes. ATA’s safety agenda includes 11 policies focused on improving driver performance. In addition to policies that restrict the use of non-integrated technologies while the vehicle is in motion, ATA recommends:

· Uniform commercial drivers license testing standards;

Trucking expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

All driving distractions carry some risk, but text messaging while driving is the most dangerous because it involves all three basic types of distraction – visual, manual and cognitive, Robert Petrancosta, Vice President for Safety of Con-way Freight said in a June 30 USA Today editorial.

“As the National Safety Council has argued, the human brain cannot multitask,” Petrancosta said. “Sure the human brain can juggle tasks very rapidly, but it can only perform one task at a time. A person who is texting while driving is overloading his brain, requiring divided attention.”

Marketing defense expert witnesses may opine on competition and marketing strategy. The American Marketing Association Board of Directors defines marketing defense:

The strategic moves that attempt to minimize or deter threatening actions by existing or potential competitors. Strategic moves can deter all or some of the prospective challengers by making the profit prospects so unattractive and risky that market share gains are not worth pursuing. Deterrence strategies include the following: (1) signaling intentions to defend, (2) foreclosing avenues for attack by building barriers to entry or mobility, (3) increasing entry costs or investments, and (4) reducing market attractiveness by lowering prices. If challengers cannot be deterred, then the purpose of market defense is to contain challengers’ moves and minimize the damage.

Marketing research expert witnesses may opine on market studies and marketing research. The American Marketing Association Board of Directors offers the following definitions:

Marketing:

Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. (Approved October 2007)