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The futility of critique reports by expert witnesses

Tuesday, May 15, 2018 @ 8:34 AM | By Jennifer Hunter

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. The nature of the critique may include collateral attacks on the opposing expert, attacks on the opposing expert’s knowledge and attacks on the procedure the opposing expert employed. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”,...