Although a witness can give their statement orally or in writing, it must eventually be put into a written document and signed by the witness in order for it to be used as proof or evidence in a case.ĭepending on the situation, witness statements can be obtained by different people, such as police officers, lawyers, or a licensed private investigator Of course, the expert’s proposed testimony could still be challenged under the Daubert line of cases.A witness statement is an individual’s account of the facts and events of relevant issues that occurred in a dispute. The fact that a witness may have qualified previously in a particular case does not necessarily mean he will be found qualified in subsequent cases. The facts of a particular case will dictate the expertise needed by the proffered witness. The issue of an expert’s qualifications will be determined on a case by case basis. This is in stark contrast to lay witnesses, who can usually only testify to firsthand personal knowledge. Qualified experts are allowed to testify by expressing an opinion. If the judge finds that the expert witness is qualified, he will be allowed to state his opinion only in the areas in which he was qualified, not on any and all matters or issues. The judge’s decision in this regard is an issue that may be raised on appeal, but the standard of review is usually whether the trial judge abused her discretion in holding that the expert was not qualified. ![]() If the judge holds that the expert is not qualified to testify on a particular area, then the expert will not be allowed to testify on that area. Based on the testimony he provides during the voir dire, the judge will then make her ruling on whether the expert witness is qualified to testify. This means that the expert will provide preliminary testimony on his qualifications via direct and cross-examination. If an expert’s qualifications are challenged, the judge may have him voir dired. Under Rule 702, it is the judge who initially determines if an expert’s proposed testimony, as a matter of law, will satisfy the Rule’s requirements. Counsel should attempt to impress the judge and jury without putting them to sleep. It is the responsibility of counsel to decide how much of the background, experience, and expertise of the expert to put before the jury. The extent of the “qualifying” testimony should be reviewed with counsel during pre-trial preparation. Some expert witnesses may feel uncomfortable going over their credentials and professional accomplishments in open court. when and where she previously qualified to testify as an expert.memberships in professional associations, and.number of examinations/investigations performed,.The expert can expect to be asked about her: The rationale for Rule 702 is that the jury may not be able to understand or correctly decide a case without assistance from experts.Įxperts are qualified to testify by their “knowledge, skill, experience, training, or education.” Note the conjunction “or.” Under Rule 702, the expert only needs to have “knowledge,” “skill,” “experience,” “training,” or “education.” She need not have all five.Įxpert witnesses will routinely be qualified at the beginning of direct examination by the counsel who has retained them. ![]() The role of an expert witness is to use “scientific, technical, or other specialized knowledge” to assist the trier of fact to “understand the evidence or to determine a fact in issue.” The “trier of fact” is the jury in a jury trial and the judge in a bench trial (a trial without a jury). If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, an expert witness is qualified by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is sufficiently based upon reliable facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. What is the Definition of an Expert Witness? The Legal Requirements to Qualify As an Expert Witnessįederal Rule of Evidence 702 governs the qualifications of expert witnesses.įed.
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