Unit 6 Seminar
Unit 6 Seminar
Civil Litigation & Trial practice
As experts in civil litigation, are always in demand. For many judges, however, an expert opinion is much more than just evidence. An expert assessment of various issues often has a significant impact on the outcome of the negotiation. The responsibility of experts in civil litigation is enormous. In reality, however, things look different: A court report is difficult to contest. The other side may ask the expert questions about his opinion, but ultimately an expert will always defend his argument. A counter-opinion is often less important than the one ordered by the judge. In plain language this means: The court opinion has more influence on the judge's decision . An individual’s qualification as an expert depend on the experience. Mostly lawyers to use expert witnesses but it increase the cost of litigation. The expert provides his report on the basis of facts rather than evidence. Some kind of litigations need expert opinion like professional malpractice. In such cases the opinion of expert works as prima facie type of liability.
Interrogatories in written form are basic and reasonable detection procedure. One is expected to make interrogatories for client and analyze answers of opponent’s questions. It is best way to find out the basic info of other parties. In federal court, after initial disclosures, interrogates can be served. 25 interrogatories can be use by one party. An opposing party may propose a deponent’s interrogatory replies in to indication as admissions by the deponent. Deponent may contradict or explain the answer of interrogatory.
Oral depositions can be taken in video ,audio or stenographical way. The depositions are broader than trial and lawyer need to examine deponent for reasonable evidence. The question of deposition need to be clear and singular. It is very important in trials and any opposing party deposition evidence as a proof. The deposition evidence can be presented in front of jury in from of transcript. Deposition can be used to impeach if the statement or deposition is different than his deposition statement.
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