The Order of Expert Witnesses At Trial – Part 4

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.”

If the testimony of the prior witnesses shifts and adds to the assumptions on which the expert has based a pretrial opinion, an expert can make adjustments (presuming that these remain consistent with the expert’s ultimate conclusions). A late appearance in the trial also allows the expert to summarize and re-emphasize the favorable information supporting the case.

From Advocate Magazine, June 2008.