101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Convictions, Cross-Examination, Impeachment

When a witness is being cross-examined, it is generally considered fair game to attempt to impeach or discredit the witness by asking about any criminal convictions. Section 491.050, RSMo provides in relevant part: “any prior criminal convictions may be proved to affect [witness] credibility in a civil or criminal case and, further, any prior pleas […]

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Expert Witness Testimony and Opinion

Section 490.065, RSMo increased the standard for the admissibility of expert witness testimony in Missouri. The legislation took effect in 2017 to combat what was perceived to be low standards for expert testimony and high jury verdicts in favor of plaintiffs on medical malpractice and/or product liability claims. The new law brings Missouri’s expert witness […]

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Witness Credibility

Credibility is important in litigation, practically and from a substantive legal perspective. Practically, if you don’t come across as likeable or believable, then you’re likely going to have a difficult time convincing a judge or jury that what you’re saying is true. Legally, appellate courts are very deferential to trial court or jury determinations of […]

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Expert Witness Testimony

Expert witnesses are sometimes required in trials to assist a judge/jury reach a conclusion. In civil actions, section 490.065, RSMo, controls the admission and exclusion of expert testimony in Missouri — if scientific, technical or other┬áspecialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a […]

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