Articles Posted in Researching Experts

Affidavit of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual professional process servers.

Comment These guidelines address three important aspects of proofs or affidavits of service: content, signature(s) and record keeping. They are designed to ensure that the proofs or affidavits of service be completed and signed by the person making service. The traditional and fundamental components of proving service must be maintained. The process server must attest to the facts under penalty of perjury, or by sworn affidavit, and personally sign, or, where permitted by law, cause his or her signature to be affixed electronically to, the proof or affidavit of service.

It is not proper for a proof of service to be signed before completion, or signed in blank to be completed later. It is not permissible to sign the process server’s name to a proof of service on his or her behalf.

Fatigue expert witnesses may write reports on driver fatigue, asleep at the wheel, drowsiness, and related issues. The Circadian Newsletter describes the problems involved with fatigued employees.

Studies have clearly linked fatigue to increases in human error, accidents, injuries and poor performance. In fact, one study found that fatigued workers cost U.S. employers more than $136 billion per year in lost productivity. In addition, several studies have confirmed that fatigue impairment can produce a similar impairment as alcohol in terms of logical reasoning, concentration, information processing, judgment, hand-eye coordination, and reaction times. Quite simply, as people perform without sufficient rest, the likelihood of errors and accidents increases.

Read more: circadian.com.

Networking expert witnesses may opine on computer networks, routing, WAN, and related topics. In How to be a Digital Forensic Expert Witness, Stephen C. Schroeder, Seattle University School of Law and Seattle University Computer Dept. of Science and Software writes:

The prospect of becoming an expert witness in court can be a daunting one. The question and answer format in which you must testify can seem awkward and inefficient. Used to communicating with your IT security professional peers, you naturally use the technical terms, jargon and acronyms of the trade when describing your findings and recommendations. As part of the legal process, you must become a teacher, presenting your technical testimony in terms that laymen can understand – but without condescending.

While the general fact witness may testify only as to what he or she directly knows, an expert may present testimony using the powerful words, “in my opinion.” Additionally, the expert may rely upon any information that is available, whether or not it has actually been admitted into evidence. In order to do so, however, you must be qualified by the trial court because of your skill, experience, training, or education.

Hydrologic engineering expert witnesses may write reports on underground and surface waters including storm drains, water-related geologic hazards, environmental site assessments, and related topics.

Hydrologic engineers frequently work with environmental engineers in consulting firms that advise and help businesses and government agencies to comply with environmental policy, particularly with regard to groundwater decontamination and flood control. They also conduct research on sources of pollutants and make recommendations on how best to clean and preserve the environment.

Hydrologists utilize their observations of hydrologic processes to make predictions of the future behavior of hydrologic systems (i.e., water flow and water quality). These estimates are important for engineers and economists so that proper risk analysis can be performed to influence investment decisions in future infrastructure projects and to determine the yield reliability characteristics of water supply systems. These estimates also are key in designing dams for water supply or hydroelectric power generation and formulating operating rules for large dams that are part of systems that include agricultural, industrial, and residential demands.

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual for professional process servers.

A Notary Public, whether employed in a process serving business, or not, must adhere to the state laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by an employer.

Content A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.

Public storage security experts may opine on self-storage managers, public storage vandalism, miniwarehouse break-ins and related topics. In Preventing Crime and Acts of Terrorism in Self-Storage: Using Products and Services Approved for the SAFETY ActJason Benedict, Iveda Solutions writes:

Theft, vandalism, graffiti, break-ins, employee safety, destruction of property, and lawsuits are all common concerns among self-storage owners and operators. Although there are many precautionary measures available and in use today, unlawful and criminal activity seems to lurk around every dark corner, pushing self-storage facilities to advance toward high-tech security.

In self-storage, security is progressing far beyond the traditional tools, gaining strength through products or services approved by the U.S. Department of Homeland Security. In fact, the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act) even provides liability protection to promote the creation, deployment and use of anti-terrorism technology. Simply put, if your facility uses Act-approved products and services, you’re given some protection against liability in the event of malicious or criminal acts.

In PRESERVE THE PHYSICAL EVIDENCE!, electrical expert witness Roger L. Boyell, writes:

As soon as you believe a legal action might be initiated, take pains to preserve whatever physical evidence may be relevant. Send in an investigator, take many photographs, expedite the discovery process. Alteration or disguise of potential physical evidence need not be on purpose. Damage gets repaired, defects are corrected during routine maintenance, new features and devices are incorporated in machinery, apparatus undergoes corrosion and decay. Copies are not always exact replicas. Computer records can be overwritten with no intent of spoliation.

The lesson is to promptly identify and preserve whatever evidence might later become useful for presentation in the forum: equipment, photographs, test results, written records, videotapes, lab samples. Physical evidence never improves its usefulness to litigation with the passage of time.

Federal motor carrier safety regulations expert witnesses may opine on the trucking industry,trucking and transportation rules and regulations, truck maintenance, and related topics. In Fatigue Study Provides Basis for 34-Hour Restart Proposal Oliver B. Patton writes for truckinginfo.com:

The 34-hour restart gives daytime drivers a chance to catch up on their rest, but it does not work as well for night drivers. In fact, it may even be detrimental to driver performance.

That’s the conclusion of a study the Federal Motor Carrier Safety Administration is using to justify its proposal that the restart include two periods of rest between midnight and 6 a.m. The proposal is a point of strong contention between the agency and the industry, which is arguing that the two-night requirement will force night drivers to take as much as 53 hours off, possibly away from home, and begin their shifts during morning rush hour when exposure to accident risk is higher.

Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:

A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.

If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.

Insurance expert witnesses may opine on insurance loss claims, insurance policy coverage, automobile insurance rates, and related topics. Here, Insurance.com writes on on 2011 car insurance trends including:

Mileage-based insurance

Companies will continue to offer discounts and incentives in 2011 – such as a premium refunds or diminishing deductibles to existing consumers who remain claim-free, says Ryan Hanley, an insurance broker with the Guilderland Agency in Albany, N.Y. “Pay as you drive” insurance policies are among the discount plans most likely to grow in popularity next year. These policies offer drivers a premium based primarily on the number of miles they drive each year. This can lead to big savings for people who drive relatively few miles.