Expert witnesses are vital in cases where specialized knowledge or experience in a particular field is necessary to shed light on critical issues. An expert witness provides an “expert opinion” to the court regarding the matters within his area of knowledge. The testimony is intended to aid the jury in understanding technical, often complex, aspects of the case. Expert witnesses play an important role in many types of litigation, such as criminal, personal injury and intellectual property matters.
The Federal Rules of Evidence (Rule 702) authorizes the use of expert witnesses who are qualified to offer testimony on a specific subject. The rule sets forth the requirements relating to the education, knowledge, and expertise that the witness must demonstrate to assume this role. An expert witness can be challenged by the opposing party to confirm his qualifications in a process referred to as a voir dire. Moreover, the court is charged with the gatekeeping function of maintaining the reliability and value of the expert testimony offered at trial. For scientific testimony in particular, trial courts have examined specific factors to assess the reliability of the expert testimony. These include determining whether the expert’s technique can be objectively tested, whether the methodology has been exposed to peer review, and whether the expert’s techniques have been generally accepted in the relevant scientific community.
Once the expert witness is confirmed by the court, the witness is permitted to offer an opinion based on the facts that are admitted to evidence. The testimony must be rooted in reliable procedures that are appropriately applied to the details of the case. An expert can also be used by one party to provide specialized insight into a particular question, rather than to provide testimony in a court of law. When an expert is utilized in this manner, the conclusions reached by the expert are privileged and are therefore not subject to disclosure during discovery.
Expert witnesses are compensated for their analysis, reports, and when relevant, testimony. The fee structure varies depending on the expert’s field, degree of knowledge and depth of experience. Expert witness fees are generally remitted by the hiring party.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.