QUESTIONS TO PREPAIR YOURSELF AND THE PROSECUTING ATTORNEY FOR
1. Would you state your full name and address for the record, please?
2. What is your date of birth?
3. What is your social security number?
4. What is your driver’s license number?
5. I want to know not only those things that are in your own personal knowledge, but
also any information that may have come to you from other sources. Do you
6. Have you been asked or directed to not volunteer information today?
7. Are you currently under the influence of any liquids, medications or other substances
or suffering from any mental or emotional distress that would impair your ability to
understand my questions or give accurate answers?
8. Have you been treated for any mental or emotional disorders?
9. Has counsel for the principal who engaged you had the opportunity to look through it
to see if there is anything as to which your client would claim privilege?
10. How are you presently employed?
11. Are you licensed to investigate fires in State?
12. Are you a licensed engineer in State?
13. What is your sales tax number?
14. Do you profess expertise in any field of science, mathematics, engineering, or
15. Has you or your company ever been sued?
16. Have you been convicted of any crimes?
17. Are you suggesting that your method of fire investigation is a
science like mathematics, engineering, or medicine?
18. Did you write a report?
19. Why did you write a report?
20. Who typed the report?
21. Did you use a form or template when writing your report?
22. Did you write the entire report yourself?
23. Did you reference any publications?
24. Did you seek assistance in the writing of your report?
25. Are you familiar with the term scientific method?
26. Would you agree that in the absence of testing conducted pursuant to the scientific
method that a theory or hypothesis is just speculation and conjecture by another
27. How many times have you worked for your client before today?
28. How many times have you worked with your current clients and their lawyers?
29. How much do you charge per hour for today?
30. Using only your memory, please tell the jury the names of the injured parties?
31. What is your understanding of the nature of their injuries?
32. Have you previously testified as to how long a fire has burned?
33. How many times have you testified as an expert at a civil trial or by deposition within
the preceding four years in federal court?
34. Please provide your 26.2(b) Federal Rules of Civil Procedures. Production of
35. List all documents examined during your analysis of the fire.
36. List all interviews.
37. Was the work performed sufficient when you came to your opinions in this fire loss?
38. What additional responsibilities or participation do you feel should be undertaken in
this fire loss?
39. If none are to be performed, do you feel secure in your opinion that the work done is
40. Have you suggested any additional work to your client?
41. Have you suggested any additional work to your client that has been "put on the
back burner" or delayed?
42. What date did you come to your opinions in this matter?
43. How do you feel about the strength of your opinions as to the origin and cause of
44. What is your opinion as to the origin of this fire?
45. What is your opinion as to the cause of this fire?
46. With respect to your opinions as to fire origin please detail the reasoning process
from beginning to conclusion?
47. With respect to your opinions as to fire cause please detail the reasoning process
from beginning to conclusion?
48. What fire literature does the relevant scientific community commonly utilize?
49. What associations does the relevant scientific community recognize?
50. What is the physical size of you professional library?
51. How much is spent annually to maintain you professional library each year?
52. Are your conclusions as to fire cause consistent with NFPA standards?
53. Your methodology is based on NFPA #921 – correct?
54. You are familiar with the National Fire Protection Association?
55. Are you a member of that association"?
56. Do you recognize publications from the NFPA as authoritative?
57. Do you recognize the publication, NFPA 921 - The Guide to the Investigation of Fire
and Explosions, to be an authoritative publication?
58. Do you recognize the NFPA 921 as an authoritative guide to the investigation of fires?
59. The NFPA 921 has been developed by a consensus group of renowned experts on
fire investigation, correct?
60. To whom is the NFPA 921 directed?
61. Is the NFPA 921 directed to private and public sector fire investigators?
62. Is the NFPA 921 a comprehensive treatment of fire investigation?
63. The NFPA 921 is intended to be founded firmly on scientific methodology, correct?
64. Please identify any area of disagreement with NFPA 921 and state the basis for the
65. Have you performed any independent tests that you've conducted in order to satisfy
yourself with those portions of 921 that you disagree?
66. Have you ever published any article or books?
67. Have you notified the NFPA of any corrections you feel should be made to their
68. NFPA 921 contains a rather extensive definition of the scientific methodology, does
69. What is the ignition sequence for this fire?
70. What is the ignition source?
71. What is form of material first ignited?
72. What is the type of material first ignited?
73. What is the form of heat?
74. Is your scientific method founded on your experience, training and education?
75. Are you sometimes wrong with regards to your opinions about fires?
76. Have you ever had a jury decide that you were wrong?
77. Have you ever decided a fire was arson only to have a jury decide the fire was not
78. Was not your opinion tested by trial?
79. Have you ever had a jury verdict that was inconsistent with your opinion of arson as
a fire cause?
80. Is it your testimony to this jury that you are infallible?
81. Do you make mistakes?
82. Have you every testified a fire was incendiary that was in fact accidental?
83. Courts and juries have disagreed with you in the past, have they not?
84. Have you ever accepted investigations of "limited scope"?
85. Are many cases did you accept last year?
86. How many cases did you refuse?
87. List the number of cases you accepted last year?
88. How many these cases did you tell the client that your findings were adverse to their
89. Which edition of the NFPA 921 applied to this fire investigation?
90. Did you develop a hypothesis during your investigation of this fire?
91. Did you utilize deductive reasoning before finding the cause of the fire?
92. Did you utilize inductive reasoning before finding the cause of the fire?
93. Define deductive reasoning and inductive reasoning.
94. List all scientific methods used during your investigation to come to your opinion as
to fire cause?
95. List all scientific methods used during your investigation to come to your opinion as
to fire origin.
96. List all evidence or items that you removed or caused to be removed from the fire
97. Did you properly document any evidence or items removed from the fire scene?
98. What is the basis for your opinion that you "properly" documented the evidence?
99. During your investigation, did you use publications from ASTM? (American Society
of Testing Materials)
100. During your investigation, did you use publications from the NFPA? (National
Fire Protection Association)
101. During your investigation, did you use publications from ANSI? (American
National Standards Institute)
102. Detail your method of securing artifacts or samples for fire debris analysis?
103. During your evaluation of the subject fire did you consider the effects of heat
104. Did you observe flame damage?
105. What type of flame caused the most flame damage from direct impingement?
106. What type of flames do fire investigators consider when investigating fires?
107. Did you consider laminar flame damage in your investigation?
108. Are there different types of laminar flames?
109. Did you consider turbulent flame damage?
110. Are there different types of turbulent flames?
111. Do you meet the requirements of The Standard for Professional Competence of
Responders to Hazardous Materials Incidents?
112. Were you taught to perform a complete investigation?
113. Were you taught to perform a complete investigation?
114. Where were you taught to investigate fires?
115. Did you complete your investigation?
116. Is your case file open or closed?
117. Is you case file active today?
118. List all heat sources considered during you investigation of this fire.
119. Did you utilize information from NFPA 901 during your investigation?
120. What lab do you use to examine physical evidence?
121. What is your level of confidence in that lab?
122. Are you trained to comply with standards of the National Fire Protection
123. Are you trained to comply with The American Society of Testing and Materials?
124. Did you follow ASTM #E-678 The Standard Practice for the Evaluation of
125. Did your investigation comply with ASTM #E-860? ( The Standard Practice for
Examining and Testing Items that Are or May Become Involve in Product Liability
126. Did your investigation comply with ASTM E-1459? (The Standard Guide for
Physical Evidence Labeling and Relation Documentation)