Hiring a police pursuits expert witness is essential to strengthen the case in court. But what if the expert witness is not what you wanted? Lack of credibility or a strong track record can become a problem and may even weaken the case.
Therefore, ask questions that reveal their experience and judge whether they will make your case credible. If you are unsure what to ask, below is a list of important questions to get you started.
Have They Testified in Similar Pursuit-Related Cases Before?
When looking for a police pursuits expert witness for hire, always ask them if they have testified in similar trials before. Confirm the numbers. If they cannot answer how many times they have testified, it shows they don’t track their work, which can be a red flag.
Another important thing to ask is how many times they have presented both the plaintiff and defendant. Experience in representing both highlights credibility.
What Is Their Background in Law Enforcement and Pursuit Policy?
This question is necessary because the answer directly reveals if the expert’s experience is what you are looking for. Ask if they have direct experience in law enforcement, policy development, and pursuit training.
Moreover, confirm whether they are familiar with the policies of your jurisdiction or department. Relevant experience matters more than broad law enforcement experience where the expert witness was not involved with pursuits.
How Do They Review Pursuit Incidents?
Confirm how they review pursuit incidents. Question them about their methodology. What do they review first, and how do they come to a conclusion? Their answer should include proper training protocols and meeting standards.
Moreover, ask them how they analyze footage and radio communications, and GPS data. If the answers are vague or the expert witness has a defensive stance, it might signal they are not capable of being presented in court.
Have They Ever Been Challenged or Excluded as an Expert?
This question is a disqualification detector. Ask them if they have ever faced a Daubert and Frye challenge and what the outcome was. This challenge highlights unproven theories or unreliable methods. So, if an expert witness is challenged before, you will know what happened and whether it is relevant to your case.
Moreover, do not just trust their self-reporting. You should also run an independent search to see any court record with the expert witness’s name.
What Does Their Fee Structure Look Like?
Ask them about a complete breakdown of their fee structure. Confirm how they charge by service type, like document review, preparing reports, deposition time, and trial testimony. Ask whether they charge separately for travel.
Make sure to get everything in writing. It will give you a clear idea of what to pay for and save you from unpleasant surprises later on.
What Communication Style Does the Expert Witness Want For Prep and Trial?
This question eliminates any friction between you and the expert witness. Some like to have detailed written instructions, some want minimal back-and-forth, while others want to meet you frequently to discuss every nuance.
Clarify your expectations as well about what format you want for the feedback and how many revisions you can do for reports.