Expert Witnesses
When Are Expert Witnesses Used?
An expert witness is used when scientific, technical or specialized testimony will help the jury understand the evidence or resolve a disputed issue.
What Qualifications Do Expert Witnesses Need?
The Federal Rules (rules which state the procedures courts must follow) do not specify any qualifications for an expert witness. However, the judge should be persuaded that the expert witness has special technical or specialized knowledge that lay people do not have. This special knowledge can be a result of the expert's education, professional experience or specialized training. The judge tries to ensure that the testimony given from any expert witness will be reliable and helpful.
Is Evidence Given By My Expert Always Admissible?
No. The judge has the discretion to determine that the evidence given by an expert is not reliable and so should not be admitted. The judge uses the following factors as a guide to determine if evidence given by an expert witness should be admitted or excluded:
- Is the evidence helpful to the judge or jury?
- Is the witness qualified?
- Is the testimony based on sufficient facts or data?
- Is the testimony a product of reliable methods or principles?
- Did the expert apply the facts of the case reliably?
The judge can also exclude evidence that would confuse the jury, unfairly prejudice a particular party or would be too time consuming to present to the jury.
How To Choose An Expert Witness
There are many issues to take into consideration when deciding whether or not to use expert witnesses. Your lawyer will be able to weigh the benefits and weaknesses of your case in choosing the right expert if it is necessary. Following are a few things you should keep in mind when choosing an expert witness to testify.
- Is your expert a professor or other professional who is used to a classroom and can explain difficult concepts well?
- Can your expert make a persuasive delivery to the jury?
- Is your expert a good communicator?
- Does your expert have the time to prepare for your case so that he or she is less likely to be surprised by your opposition in court?
- Would it be easy for opposing counsel to show that your expert is biased or is not independent from your case?
- Is your expert qualified?
Do Expert Witnesses Always Testify?
No, you can hire an expert to help you evaluate your case by having him/her survey the portion of your case that is under his/her expertise and report the findings to you. For example, if you manufactured a machine that exploded, you can get a fire and explosion expert to determine if your machine can cause such an explosion. This expert's report will not be given to the other party in discovery and the expert will not have to testify. Non-testifying experts are sometimes called consultants.
Do I Need To Talk To An Attorney About Expert Witnesses?
You should consult an experienced attorney who will be able to evaluate your case and determine if you need expert witnesses. The trial process can be complicated but the right expert witness can be a tremendous advantage to you. An attorney will also know how to ensure that your non-testifying expert remains protected from discovery so that the information gathered by this expert will not be shared with the opposing party.
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Last Modified: 02-10-2011 11:33 AM PST
