Expert Witness

THE EXPERT WITNESS AND BITE MARK EVIDENCE

Before testifying the expert witness must be qualified. The lawyer who has hired the expert will attempt to establish that his expert is sufficiently qualified during direct examination on Voir Dire. The opposing lawyer may cross-examine the expert to show that the person's qualifications or competence is inadequate. The court will then rule on whether the expert will be accepted as an expert witness. The following questions are designed to assist attorneys in qualifying an expert in forensic dentistry and in particular on bite mark evidence. The questions are designed to focus on a candidate's background, knowledge, training, education, skill and experience. Some courts may establish that a general practitioner is sufficiently qualified to address questions on bite mark evidence while others demand a more rigorous accounting. Be it as it may, the quality of the expert (and usually the expertise) will most certainly be affected by the answers provided to the following questions:

GENERAL

1. What is your name?

2. What is your occupation?

3. What are your degrees?

4. How long have you been engaged in the practice of dentistry?

PRACTICE OF FORENSIC DENTISTRY

5. How long have you been engaged in the practice of forensic dentistry?

6. By whom have you been employed as a forensic expert?

7. Have you been employed in an official capacity by a government agency as a forensic expert?

8. What agencies?

9. What are your duties with the agency?

10. How many forensic cases have you done for the agency?

CERTIFICATION

11. Are you Board Certified by the American Board of Forensic Odontology?

12. How many years have you been Board certified?

13. Have you ever submitted an application to the American Board of Forensic Odontology?

14. Are you Board eligible?

MEMBERSHIP IN FORENSIC ORGANIZATIONS

15. How long have you been a member of the Canadian Society of Forensic Science?

16. What is your current status with the Society?

17. Have you held any post with the Society?

18. Which post have you held and when?

19. How long have you been a member of the American Academy of Forensic Sciences?

20. What is your current status with the Academy?

21. Have you held any post in the Academy?

22. Which post have you held and when?

23. Have you held any post in the American Board of Forensic Odontology?

24. Which post have you held and when?

STUDIES AND CONTINUING EDUCATION

25. What, when and where have you undertaken any studies in forensic dentistry and in particular in bite mark evidence?

26. What, when and where have you followed continuing education courses and in particular on bite mark evidence?

TEACHING OF FORENSIC DENTISTRY

27. Have you in the past or do you currently teach forensic dentistry at an educational institution?

28. Where and when?

LECTURES

29. Have you ever lectured on bite mark evidence to a scientific or learned society (other than the university that employs you)?

PUBLICATIONS

30. Have you written any articles on bite mark evidence for peer reviewed scientific journals?

31. What are the titles, when and where have they been published?

EXPERIENCE IN BITE MARK ANALYSIS

32. to 42. INTENTIONALLY LEFT BLANK - CONSULT AUTHOR

RESEARCH

43. Have you ever conducted any research in bite mark evidence?

44. Have you given lectures on the results of this research?

45. When and where?

46. Have you published these results?

47. Where?

COURT EXPERIENCE

48. In how many bite mark cases have you testified as an expert witness in a court of law?

49. Name the cases

50. Name the jurisdictions?

The expert witness, unlike the eye witness, can render an opinion on a specific matter for which he has been qualified. The expert witness may be limited or restricted by the court to testify as to a specific matter within his own field of expertise.

Under the amended Rule 26 of the Federal Rules of Civil Procedure in the United States expert witness reports must follow the following guidelines:

-The report must be prepared by the witness.

-The witness must sign the report.

-The report must include a complete statement of all opinions to be expressed.

-The bases and reasoning must be included.

-The data or other significant information considered by the expert in forming the opinion must be included.

-Exhibits to be used as a summary or as support must be included.

-All publications authored by the witness within the last 10 years, regardless of relevance, must be listed.

-The compensation to be paid for this testimony and study must be included.

-A list of other cases in which this expert gave depositions or trial testimony within the last four years must be submitted with the report, without regard to relevance or relationship to the subject matter and issue.

As of December 1, 1993, the following changes to the Federal Rules of Civil Procedure in the United States became law:

Rule 16: Pretria1 Conferences -[(c)(4)]Imposes restrictions and/or limitations on the use of expert testimony under Rule 702 of the Federal Rules of Evidence (addresses scientific, technical or other specialized knowledge) and allows such restrictions to be entered at pretrial conference. [(c)(15)]Allows orders limiting the time to present evidence during pretrial conference.

Rule 26: Discovery - [(a)(l)(A,B,C)] All witnesses must be voluntarily identified and the subject matter of their testimony must be voluntarily presented to opposing counsel; all relevant documents must be identified; and damage calculations must be presented.

[(a)(2)]Disclosure of expert testimony is required.

[(3)(a)]Disclosure of all impeachment of evidence and witnesses must take place during the pretrial conference.

[(a)(5)]All former discovery devices, such as depositions and interrogatories, are preserved by the new Rules.

[(b)(4)]Allows expert depositions only after experts file reports. Also allows for discovery of non-testifying expert's opinion only under exceptional circumstances.

[(b)(5)]Maintains privilege for consulting and non-testifying experts.

[(c)]Allows for protective orders if discovery is embarrassing, oppressive or unduly burdensome.

[(e)]Discovery must be supplemented or corrected as new information is learned.

Rule 30 : Oral Depositions

[(b)( 1 )]Reasonable notice is required for all depositions. Video depositions may be noticed without court order.

[(2)]The court may limit how many times a deposition may be taken and may sanction parties for undo delay.

[(b)(7)]Allows for phone depositions.

[(e)]Experts have the right to read and sign their depositions.

Rule 31 : Written Reports