Concession
Definition
An acknowledgment by the expert witness that a particular proposition put by counsel is correct. A partial concession accepts part of a challenge while maintaining the core opinion. A full concession abandons the opinion. Knowing which is appropriate is central to surviving cross-examination.
- Types
- Partial concession, full concession
- Partial concession
- Accepts part of a challenge, core opinion maintained
- Full concession
- Abandons the opinion
- Context
- Cross-examination of an expert witness
Common questions
Why would an expert witness make a partial concession instead of simply defending every point put by counsel?+
Refusing to concede anything reasonable damages credibility with the fact-finder, who can usually tell when a witness is being evasive. Conceding a minor or genuinely uncertain point while holding firm on the core opinion signals that the witness is being candid rather than partisan, which strengthens the parts of the testimony that are maintained.
What distinguishes a proper concession from being led into an unjustified change of opinion under pressure?+
A proper concession responds to a specific, valid point that genuinely affects the analysis, articulated in the witness's own reasoning rather than simply agreeing to counsel's framing. An expert trained in cross-examination technique pauses to evaluate whether a proposition is actually correct before agreeing, rather than conceding merely to placate persistent questioning.
Related terms
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- Overreaching
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- Scope Creep
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- The Report as Anchor
- The principle that an expert's opinion on the stand must be consistent with, and bounded by, the expert report filed before trial....