Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
The conclusions of any expert witness, are subject to question, through the process of cross-examination and rebuttal.[1] The normal basis for cross-examination is provided by the facts on which an expert's conclusions are based, as reflected in the notes and raw data he or she has collected.[2] Often a party attempts to impeach the testimony of an expert witness by the testimony of another expert in the same field critiquing his testimony and offering a more credible opinion on the subject. [3] Critiquing an expert’s methodology can be problematic because many recognized professional organizations have promulgated guidelines for their membership, but there are no established guidelines for custody evaluations recognized as authoritative by New York Courts.[4]
An expert’s testimony may also be impeached in the same manner as any other witness, such as by questioning his reputation for veracity, his perception, recollection or memory, by showing he is biased (an irrational predisposition in favor) or prejudiced (an irrational pre-disposition against), that he has an interest at stake in the outcome of the litigation, that he is corrupt or has been bribed, that he has a prior conviction, that he committed prior bad acts (immoral, criminal, vicious), and that he has made prior inconsistent statements. A witness may be impeached by showing his bias, hostility or Interest.[5]
[1] See Murtari v. Murtari, 249 A.D.2d 960, 673 N.Y.S.2d 278 (4th Dept. 1998).
[2] Ochs v Ochs, 193 Misc.2d 502 (Sup Ct 2002)
[3] See De Mel v. Aldana, 159 A.D.2d 349, 552 N.Y.S.2d 627 (1st Dep't 1990)
[4] See, for example, American Psychological Association, Guidelines for Child Custody Evaluations in Divorce Proceedings; American Academy of Child and Adolescent Psychiatry, Guidelines for Child Custody Evaluations; Association of Family and Conciliation Courts, “Model Standards of Practice for Child Custody Evaluation”.
[5] Richardson on Evidence, 11th Edition, 6-415.
The conclusions of any expert witness, are subject to question, through the process of cross-examination and rebuttal.[1] The normal basis for cross-examination is provided by the facts on which an expert's conclusions are based, as reflected in the notes and raw data he or she has collected.[2] Often a party attempts to impeach the testimony of an expert witness by the testimony of another expert in the same field critiquing his testimony and offering a more credible opinion on the subject. [3] Critiquing an expert’s methodology can be problematic because many recognized professional organizations have promulgated guidelines for their membership, but there are no established guidelines for custody evaluations recognized as authoritative by New York Courts.[4]
An expert’s testimony may also be impeached in the same manner as any other witness, such as by questioning his reputation for veracity, his perception, recollection or memory, by showing he is biased (an irrational predisposition in favor) or prejudiced (an irrational pre-disposition against), that he has an interest at stake in the outcome of the litigation, that he is corrupt or has been bribed, that he has a prior conviction, that he committed prior bad acts (immoral, criminal, vicious), and that he has made prior inconsistent statements. A witness may be impeached by showing his bias, hostility or Interest.[5]
[1] See Murtari v. Murtari, 249 A.D.2d 960, 673 N.Y.S.2d 278 (4th Dept. 1998).
[2] Ochs v Ochs, 193 Misc.2d 502 (Sup Ct 2002)
[3] See De Mel v. Aldana, 159 A.D.2d 349, 552 N.Y.S.2d 627 (1st Dep't 1990)
[4] See, for example, American Psychological Association, Guidelines for Child Custody Evaluations in Divorce Proceedings; American Academy of Child and Adolescent Psychiatry, Guidelines for Child Custody Evaluations; Association of Family and Conciliation Courts, “Model Standards of Practice for Child Custody Evaluation”.
[5] Richardson on Evidence, 11th Edition, 6-415.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
|