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Practice Tip: Use Motion Practice for Permission to Impeach an Expert

By Julie Blum
March 01, 2004

Consider using a pretrial motion to seek permission to impeach opposing expert witnesses with prior court opinions excluding their testimony.

In serial product liability litigation, the same expert witnesses often appear in multiple cases. If an opposing expert witness has been excluded in a prior case on Daubert or Frye grounds, can you get that information in front of the jury deciding your present case? The answer is maybe, and it's well worth a try. One possible approach is to file a pretrial motion seeking permission to impeach opposing experts during cross-examination with evidence of those court opinions. Here are a few arguments to consider in making such a motion.

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