The Order of Expert Witnesses At Trial – Part 3

In Anatomy of a Witness List, Hon. Michael L. Stern writes that “each witness should tell the next part of your story and move your case forward… By the time any expert takes the stand, the foundational facts for his or her opinion should have been presented through other witnesses.”

There are as host of reasons why most expert witnesses should be presented last in order. They are the cleanup batters for liability and damages issues. Counsel are depending on these well-paid players to hit trial home runs. Experts should be persuasive salespersons who should be able to summarize the salient points of the case for the jury and maybe even add an element of respectability to some claims.

From Advocate Magazine, June 2008.