agman said:
The expert witness is not cross examined before trail. It was the cross exam at trial that buried Taylor.
Every pre-trial deposition I have ever been to the opposing side has asked questions of the expert witness.
There was evn a "Daubert" hearing in addition to depositions pre-trial in Pickett in which the attorneys were allowed to question and make motions before the judge. I quote:
"On March 13, 2003, the court held a Daubert hearing at which both parties presented evidence. In addition to reviewing the testimony from the Daubert hearing, the Court has also reviewed the parties' briefs, evidentiary submissions, and applicable law. For the reasons set forth below, IBP's motions will be granted in part and denied in part."
From the same ruling:
"IBP does not seem to quarrel with the methodology Dr. Taylor used; regression analysis is a commonly accepted method of reaching such conclusions."
"Although the methodology itself is reliable, IBP contends that Dr. Taylor's application of such methodology is unreliable and does not meet the Daubert test."
"Accordingly, the Court finds that defendant's objection to the foregoing proposed testimony of Dr. Taylor should be denied."
Filed April 10, 2003 with the Clerk, U.S. District Court, Middle District of Alabama