Welcome to Expert Witness
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An expert witness is essential to many forms of litigation. Below, we will show you a bit about who expert witnesses are and what they do.
A lay witness, or “fact” witness, can only testify to what they have personally observed. A fact witness may not testify to their opinion if that opinion requires specialized skill training or knowledge.
An expert, however, can render an opinion if that expert has practiced in a profession that is relevant to the case, be skilled in their area of expertise and have specialized knowledge through education, training, or experience.
Each different jurisdiction can have different rules relating to the admissibility of expert testimony.
A list of all state rules of civil procedure is here.
A list of the federal rules of evidence is here.
An expert witness may be allowed to opine on a subject if their professional knowledge and skill set will assist the jury to understand the evidence better. The knowledge of an expert witness is above the understanding of a lay jury in the expert’s specific field of expertise. In addition, their expertise must be relevant to the issues in the case at hand.
The opinion of an expert witness must be based on enough information and data, industry-accepted standards and principles, and methodology that is both adequately applied and commonly accepted among his peers.
The expert’s opinion must enhance the jury’s ability to understand complex issues outside the understanding of a lay individual and help the jury reach its conclusion. The expert opinion must be reliable and based on valid methodology not readily apparent to the lay jury.
The foundation of an expert opinion that is the underlying scientific principles and methodology must generally be accepted principles in his particular field. Further, it must be pertinent to the issue of the case.
The big four attributes of an expert witness are:
- Qualification
- Reliability
- Helpfulness
- Foundation
Expert witnesses are essential to many forms of litigation, and indeed many cases come down to the credibility of the expert witnesses. We at expertwitness.com are proud to match attorneys and experts not just to ensure that the litigants have the greatest chance of success, but in the end, we get our satisfaction knowing that justice prevails!