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When to Conduct Voir Dire of Expert Witnesses

By Lawrie E. Demorest and Natalie S. Whiteman

Last month, we discussed tactical considerations when challenging expert witnesses' qualifications. This month, we focus on the optimal time to conduct voir dire.

After the expert's proponent has presented the expert's qualifications, the opposing party has three options: 1) waive any objection to the witness being qualified as an expert, 2) object and state the grounds of the objection, or 3) ask to voir dire the witness as to his or her qualifications. In the vast majority of states, the opposing party must be afforded the opportunity, if he or she so requests it, to cross-examine the witness on the question of his or her qualifications before discretionary determination of the admissibility of expert testimony from the witness is made by the trial court and before the witness's direct examination.

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