Encyclopedia of Clinical Neuropsychology

2018 Edition
| Editors: Jeffrey S. Kreutzer, John DeLuca, Bruce Caplan

Discovery

  • Moira C. DuxEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-3-319-57111-9_969

Definition

In every jurisdiction, the rules of evidence permit attorneys to obtain information on the basis of the opinions of the expert witnesses. The process of examining information from the expert witness presented by the opposition is referred to as discovery. In both civil and criminal litigation, discovery rights are always imposed; thus, each expert witness is subject to this process. Discovery rules in most states are based on the Federal Rules of Evidence (FRE). While discovery is intended to collect information, it also serves to narrow or refine disputes regarding critical issues. In the case of forensic neuropsychologists serving as expert witnesses, it is often the case that one’s entire file (e.g., interview notes, raw test scores, behavioral observations, etc.) be provided to the opposing counsel (or at least to their own retained neuropsychologist expert). Matarazzo (1990) outlined multiple types of raw data scrutinized during discovery including: (1) written...

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References and Readings

  1. (1975). Federal rules of evidence for United States courts and magistrates. St. Paul: West Publishing.Google Scholar
  2. Greiffenstein, M. F., & Cohen, L. (2005). Neuropsychology and the law: Principles of productive attorney-neuropsychologist relations. In G. Larrabee (Ed.), Forensic neuropsychology: A scientific approach. New York: Oxford University Press.Google Scholar
  3. Matarazzo, J. D. (1990). Psychological assessment versus psychological testing: Validation from Binet to the school, clinic, and courtroom. American Psychologist, 45, 999–1017.PubMedCrossRefPubMedCentralGoogle Scholar
  4. Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (2007). Psychological evaluations for the courts (3rd ed.). New York: Guilford.Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  1. 1.US Department of Veteran AffairsBaltimoreUSA