Judge Skavdahl’s Procedure for Presenting Direct Testimony from
Expert Witness by Written Statement in Bench Trials
In bench trials, the parties shall prepare, exchange, and file a narrative written
statement for each expert witness or any witness whose direct testimony will involve
significant technical matters. These expert witness statements are not to be used for
adverse parties or for witnesses whose attendance is compelled by subpoena. Expert
witness statements shall be prepared and presented at trial as follows.
Form of Expert Witness Statement. Counsel shall prepare a written statement
setting forth in declaratory form all the facts and opinions to which that expert witness
will testify. The facts and opinions shall be stated in a narrative form, not by question
and answer. The statement shall contain all of that witness’s direct testimony so that a
person reading it will know all the relevant facts and expert opinions to which the witness
would testify on direct examination. It shall not be sworn or notarized.
Presentation of Statement as Direct Examination. At trial, each expert witness
shall take the stand and, under oath, adopt their expert witness statement as true and
correct. The party offering that witness shall then offer the expert witness statement as an
exhibit, subject to appropriate objections by the opposing party on which the Court will
then rule.
The witness will then be allowed, in a limited manner, to supplement his/her
written statement by any additional live direct examination considered necessary by
counsel. The Court expects any such supplemental direct examination to be minimal,
though, because the purpose of the expert witness statement is to unambiguously set forth
the expert witness’s direct examination in written form for the opposing party and Court’s
careful consideration.
Thereafter, cross-examination and redirect examination will proceed in the
ordinary course.
Exhibits. Documents to be offered as exhibits through the expert witness shall not
be attached to the expert witness statement, but shall be pre-marked and exchanged along
with other proposed exhibits in the usual fashion.
Schedule for Exchange of Statements. The parties shall exchange and file their
expert witness statements no later than fourteen (14) days prior to trial, or as otherwise
scheduled in the Initial Pretrial Order.
