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Law Practice

Sep. 30, 2010

Sins of Memory

Witnesses who tell differing accounts at separate depositions are not necessarily liars. Memory failings are a natural occurence.

Timothy A. Tosta

Arent Fox LLP

Email: tim.tosta@arentfox.com


Recently, I was retained as an expert witness in two different matters. In each, thousands of pages of documents were delivered to me for review, consisting of everything from technical reports to legal memoranda, e-mails and correspondence to deposition testimony. What I like to do is to obtain an overview of the case from the party retaining me, so that I at least understand their perspective on the matter. Then, I throw myself into all the documentation to make my own determin...

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