In Kumho , the justices decided that the Daubert rules applied not only to scientific evidence but to technical analysis and that experience counts. With this background, Ms. Berger then analyzes the application of these three crucial decisions to case law and comments on persistent issues. Management of Expert Evidence. In this section, the authors, the first a distinguished federal judge and the second, a senior research associate directing the center's scientific evidence project, offer their experience and advice to judges, providing suggestions for management of experts and their testimony. Education of the judge in the appropriate scientific or technical issues is encouraged, whether via an advisor or a written or videotaped tutorial.
Great emphasis is placed on narrowing the scientific items in dispute.
To this end, expert reports may be utilized at this early stage and stipulated issues noted in the interest of saving money on unneeded experts and shortening the legal process. The need for a particular expert should be rigorously examined and the presentation of duplicate or superfluous expert testimony discouraged. Guidelines and references are cited for the manner in which to examine and evaluate scientific evidence so that faulty or fraudulent material is excluded early. One need only recall the scientific fraud contained in the African breast cancer chemotherapy-bone marrow transplant study which was used as evidence in many successful lawsuits forcing insurance companies to pay for the questionable treatment. Expert disclosures are required since they allow sufficient time for trial preparation with out surprises and may actually encourage settlement of the case.