ABSTRACT
The Art and Science of Expert Witness Testimony shares the fruits of a multiyear research project with in-depth interviews of attorneys, judges, and seasoned forensic experts from multiple disciplines including neurology, psychiatry, orthopedics, neuropsychology, economics, history, and psychology. The book weaves together practical insights and advice from the multiple courtroom stakeholders with applied neuroscience, linguistics, and sociology literature, highlighting and offering bridges for the areas where the communication needs and expectations of the courtroom collide with expert witness’ communication habits developed over years of academic and professional training. This chapter addresses differences between deposition testimony and courtroom trial testimony for expert witnesses. During a deposition, attorneys have the opportunity to try out many potential lines of questioning and clarify and lock in limits to the scope and nature of expert witness testimony. Attorneys also experience the expert witnesses’ testifying style including their person-centered credibility and how well experts engage in the difficult emotional work of cross-examination. While during a deposition an expert witness’ immediate communication partner is the deposing attorney, there are multiple additional potential audiences to the questions the attorney asks, and the answers experts give. The chapter shares suggestions and strategies from attorneys, judges, and seasoned expert witnesses for approaches to testifying in depositions given those differences.
