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In Parts One and Two of this article, we discussed the strategies involved in deciding when to question the opposing party's expert; during preliminary voir dire or during cross examination. We noted that, in a jury trial, it is usually prudent to wait until cross-examination to attack the expert, so that the jury can see where the holes in the witness's qualifications and conclusions are. But sometimes, questioning during voir dire is preferable, especially when the result is likely to be the witness disqualification to testify as an expert.
Questioning During Voir Dire
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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