0:00

Okay.

0:00

What we'd like to do now is just show you a clip from the

0:03

movie my cousin Vinny, in which, um, the lawyer

0:09

is going to be introducing his

0:12

girlfriend as an expert witness.

0:14

And we're just gonna make a few comments as

0:17

the expert witness is providing her testimony.

0:21

So here we go with, uh, my cousin Vinny.

0:24

Your Honor, the defense calls as its first witness, Ms.

0:28

Mona, Lisa Vito. Oh,

0:29

I object, your Honor. This

0:30

person not on the witness list.

0:32

This witness is an expert in the field of automobiles

0:35

and is being called to rebut the testimony of George Wilbur.

0:39

So there you go. So you have one expert witness

0:42

that's already been provided,

0:44

and now you have the

0:47

opposing counsel's expert witness being

0:49

introduced into the case.

0:53

Your Honor, would you please instruct the bailiff

0:55

officer court, Ms.

0:57

Vito, to the witness stand. Please

1:12

Hold up your right hand.

1:13

Do you swear to tell the truth, the whole truth, and nothing

1:16

but the truth to help you

1:17

God? Yeah.

1:18

1:24

Ms. Vito, uh, you are supposed to be some kind

1:27

of expert in automobiles, is that correct?

1:34

Is that correct?

1:38

You please answer the counselor's question.

1:40

No, I hate him. The background here is

1:43

that they've had a fight the night before and

1:46

although she is his fiance, she's acting

1:49

as a hostile witness to him.

1:51

You don't want that interaction

1:54

between your expert witness and the counsel.

1:57

Your Honor, may I have permission to treat Ms.

2:00

Veto as a hostile witness? You think I'm hostile now?

2:02

Wait till you see me tonight.

2:05

Do you two know each other? Yeah, she's my fiance.

2:08

Well, that would certainly explain the hostility.

2:11

This gets into a little bit of the bias

2:13

that may occur if you're calling as a witness, your fiance.

2:18

So in general, you wanna have a professional relationship

2:22

with your expert witnesses

2:23

because it opposing counsel may actually ask you,

2:26

do you know this person on a social basis in order to try

2:30

to impugn their credibility?

2:32

Your Honor, I object to this witness improper foundation.

2:35

I'm not aware of this person's qualifications.

2:38

I'd like to, uh, dear this witness as to the extent

2:42

of her expertise.

2:44

Granted, Mr. Trotty may proceed. Mm-hmm.

2:49

And this is the portion where, uh,

2:53

and typically this is gonna be done in a medical malpractice

2:56

case long before you get into the courtroom in terms

2:59

of understanding what you're going to say.

3:02

That's not the case here,

3:03

but it's literally our opportunity

3:06

to question you about your qualifications,

3:08

to provide the expert opinions we're gonna ask you to give.

3:12

And as Kelly said, this is not a time where you have

3:15

to necessarily be humble.

3:17

Your qualifications as an expert are important for the jury

3:21

to believe you

3:22

and trusts your, your judgment and your testimony.

3:25

Oh, Ms. Vito, what's your current profession?

3:31

I'm an out of work hairdresser.

3:33

Out of work hairdresser. Now, in what way does

3:36

that qualify you as an expert in automobiles?

3:39

It doesn't. Well, in what way are you qualified?

3:43

Well, my father was a mechanic. His father was a mechanic.

3:47

My mother's father was a mechanic.

3:50

My three brothers a mechanics,

3:52

four uncles on my father's side, a mechanics.

3:54

They know your family's obviously qualified,

3:57

but, uh, have you ever worked as a mechanic?

4:01

Yeah, in my father's garage, yeah.

4:04

As a mechanic, what'd

4:08

you do in your father's garage?

4:12

So, um, you saw a little bit of body language there

4:15

where she was giving him, uh, the eye.

4:17

And, um, again, you're gonna try to be

4:22

perfectly presentable and objective

4:24

and not have that type of negative body language in court.

4:30

Tuneups oil changes break free lining, engine rebuilds,

4:35

rebuild some t****y rear end. Okay.

4:37

Okay. But does being an ex mechanic necessarily qualify

4:41

you as being an expert on tire marks?

4:43

No. Thank you. Goodbye.

4:46

Sit down and stay there until you told to leave.

4:49

Okay? So again, you don't wanna be in a hostile

4:51

relationship with the lawyers.

4:52

You don't wanna be in a hostile relationship with the judge.

4:55

It's best to probably be as proper as you can.

5:02

Your honor, Ms.

5:04

Vito's expertise is in general automotive knowledge.

5:07

It is in this area that her testimony will be applicable.

5:11

Now, if Mr. Truda wishes tovo die, a witness as

5:15

to the extent of her expertise in this area, I'm sure

5:19

he's gonna be more than satisfied.

5:24

Okay. Alright. Alright.

5:29

Now, uh, Ms.

5:32

Vito, being an expert on general automotive knowledge,

5:38

can you tell me what would the correct ignition timing

5:43

be on a 1955 Bel Air Chevrolet

5:46

with a 3 27 cubic inch engine and a full barrel carburetor?

5:51

It's a b******t question.

5:53

Okay. So obviously we don't wanna have, uh,

5:57

profanity in the courtroom.

5:59

And, uh, from the lawyer's standpoint, he is trying

6:03

to set her up to decrease her credibility by asking her

6:06

a question that she doesn't know the answer to.

6:09

And her explanation of why she doesn't know the answer

6:12

to is very useful.

6:14

Does that mean that you can't answer it?

6:16

It's a b******t question. It's impossible to answer.

6:19

Impossible because you don't know the answer.

6:21

Nobody could answer that question. Your Honor.

6:24

I move to disqualify Ms. Vito as a expert witness.

6:28

Can you answer the question?

6:29

No, it is a trick question. Why is it a trick question?

6:35

Watch this. Because Chevy didn't make a 3 27 in 55.

6:38

The 3 27 didn't come out till 62

6:40

and it wasn't offered in the Bel Air

6:42

with a four barrel car till 64.

6:44

However, in 1964,

6:47

the correct ignition timing would be four degrees

6:48

before top dead center.

6:53

Okay? So as a w as a expert witness, you wanna don't want

6:56

to be overly confident or overly cocky

7:00

and embarrassed your, your lawyer

7:02

or the opposing counsel lawyer.

7:04

So this is a nice little clip from a movie we just wanted

7:06

to show you, to give you some of the examples of

7:09

good behavior and bad behavior as an expert witness.

7:13

Thank you very much for your attention.

7:15

We hope you enjoyed this presentation.