Adverse Expert Witness Cross Examination Part 2

In Overcome Fear Factor in Adverse Expert Cross-Examination, attorney Quentin Brogdon writes:

Decapitating the opposing party’s expert in front of the jury may yield the tactical advantage of tainting the party’s entire case, but it often is preferable to keep the expert from ever seeing the light of day in the courtroom. Even well-qualified experts are not experts in all areas. Every cross-examination of an expert, beginning in the expert’s deposition, should be guided by an attempt to prevent or limit the expert’s ability to opine in areas outside of the expert’s expertise.

Under the Texas Rules of Evidence and the relevant case law, every expert must clear certain hurdles. In Texas, Rule 702 and the Texas Supreme Court’s opinion in E.I. du Pont de Nemours & Co. v. Robinson (1995)require that an expert be qualified and that the expert’s testimony be relevant and reliable.

Mr. Brogdon’s article appears in The Texas Lawyer, August 15, 2011.  Mr. Brogdon may be reached at

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