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During trial, Gilstrap is sometimes frustrated by the overused objection that an expert witness is testifying beyond the scope of his or her report. When that objection is made, Gilstrap explained, he has to send the jury out so he can view the report and deal with the objection. This process is disruptive and unavoidably breaks the flow of evidence, he said. “If it is warranted, it is warranted, but if I sense that someone is making that objection without a reasonable basis and they are doing it repetitively, I’ve been known to be sure it costs them,” he admitted.
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