Page 40 - Expert Witness

Phase Activity Phase or Activity Description Practitioner’s Potential Services
 Federal health care law viola-
tions

 Federal financial statement
fraud crimes involving public
companies

 Federal securities law viola-
tions

Grand jury The grand jury reviews the evidence
and must decide whether to issue an  Grand jury testimony
indictment. However, it differs from a
civil trial because the jury has subpoena
power to compel witness appearance,  Indictment fact assistance
and no defendant defense is presented.
Discovery The discovery process typically is ac-
celerated in criminal litigation to pro-
tect the defendant’s rights and ensure a
speedy trial.
Evidence gathering The federal government, depending on
the alleged crimes and violations of  Document production requests
law, may be able to use surveillance and responses
and other investigative methods such as
undercover observation and wiretap-
ping to gather admissible evidence. In  Document, data, and evidence
addition, evidence developed for a civil identification, recovery, analy-
trial can be admissible in a criminal sis, and management
trial.
Subpoenas and war- Subpoenas are used extensively in
rants criminal cases to compel reluctant or  Document production requests
uncooperative witnesses to provide and responses
testimonial evidence. In addition, war-
rants are used to legally search for and
seize potential evidence for criminal  Document, data, and evidence
litigation. identification, recovery, analy-
sis, and management
Trial Criminal trials are jury trials, with lim-
ited exception. The evidence admissible  Trial preparation
in a federal criminal trial receives a
higher level of scrutiny by the court
than the evidence in most civil trials.  Trial demonstratives

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