Who Can Be An Expert Witness?
Nowadays, it appears that everyone claims to be an expert in some field. Who, on the other hand, qualifies as an expert witness in court?
Expert witnesses are usually called in by one of the parties to help jurors understand complicated, technical concepts, as seen on TV courtroom dramas.
However, not everyone qualifies as a “expert,” and not all types of expert testimony are allowed in all cases. Here’s a quick rundown:
Who is eligible to serve as an expert witness?
Depending on whether your case is in state or federal court, state and federal rules of evidence govern expert witnesses.
A qualified expert witness is someone who has knowledge, skill, education, experience, or training in a specialized field, according to the Federal Rules of Evidence. Expert witnesses in state courts are usually required to have these qualifications as well.
Expert testimony must be based on enough facts or data of the type reasonably relied upon by experts in their field, according to federal rules, in order to help the jury understand issues that typically require specialized knowledge. Expert witnesses are generally allowed to give their specialized or professional opinion, whereas non-expert witnesses can only testify about what they’ve seen or heard.
States have similar rules, though there are some notable differences when it comes to expert testimony admissibility.
Acceptability of Scientific Evidence
The question of whether scientific testimony will be allowed in court is one that frequently arises with expert witnesses.
Judges may take judicial notice of scientific issues that aren’t seriously contested. This means that the judge accepts the testimony as true because it is something that a person of average intelligence would already be aware of.
Before admitting an expert’s testimony on more contentious scientific issues, courts must determine whether the testing methods were reliable. Judges in federal and state courts will look to see if the scientific issue in question has been peer reviewed, if it can be tested, and if the procedures have been published. The rate of error in the testing will also be considered by the courts.
The test used by courts in a few other states is slightly different: the scientific evidence’s reliability must be acknowledged by the scientific community in order to be admitted. The expert must be qualified to conduct the testing and must be able to demonstrate that the proper procedures were followed.
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