Chapter 15: Expert Testimony in Digital Investigations

hearing

A _____ can be before an administrative agency or a legislative body or in a court.

administrative or legislative hearing

An _____ generally addresses the agency’s or committee’s subject matter and seeks evidence in your testimony on a subject for which it’s contemplating making a rule or legislation.

judicial hearing

A ____ is held in court to determine the admissibility of certain evidence before trial. No jury is present, but evidentiary suppression hearings are usually held early in the case to determine whether a criminal case moves forward or is dismissed.

Testimony Preservation Deposition

It is usually requested by your client to preserve your testimony in case of schedule conflicts or health problems.

Discovery Deposition

A part of the discovery process for trial.

Deposition

A witness's sworn out-of-court testimony.

Independent recollection

Information you know about this case and others without being prompted.

Customary practice

Procedures that are traditionally followed in similar cases.

Documentation of the case

The written records you have maintained.

Jury instructions

The attorneys propose instructions to the jury on how to consider the evidence, and then the judge approves or disapproves; if the instructions are approved, the judge reads them to the jury

Closing arguments

Statements that organize the evidence and state the applicable law. The plaintiff’s attorney goes first and gets a rebuttal opportunity at the end, which should be limited to issues raised by the defense’s attorney.

Impaneling the jury

This process includes voir dire of venireman (questioning potential jurors to see whether they’re qualified), strikes (rejecting potential jurors), and seating of jurors.

Motion in limine

A pretrial motion to exclude or limit the use of certain evidence because its potential to prejudice the jury would exceed its probative value.

curriculum vitae (CV)

Your ____ lists your education, training, and professional experience and is used to qualify your testimony.

Consulting Expert

Has been retained or consulted with by a party in anticipation of litigation or trial, but who will not testify at trial. A testifying expert, on the other hand, may be used at trial to present evidence.

Expert Witness

* You have opinions about what you have found or observed.
* You form these opinions from experience and deductive reasoning based on facts found during an investigation.

Fact Witness

You provide only the facts you have found in your investigation—any evidence that meets the relevance standard and is more probative than prejudicial.