At times, their testimony may be rebutted with a learned treatise, sometimes to the detriment of their reputations.
In England and Wales, under the Civil Procedure Rules 1998 (CPR), an expert witness is required to be independent and address his or her report to the Court. A witness may be jointly instructed by both sides if the parties agree to this, especially in cases where the liability is relatively small.
At times, their testimony may be rebutted with a learned treatise, sometimes to the detriment of their reputations.
In England and Wales, under the Civil Procedure Rules 1998 (CPR), an expert witness is required to be independent and address his or her report to the Court. A witness may be jointly instructed by both sides if the parties agree to this, especially in cases where the liability is relatively small.
The first issue to determine with an expert witness is whether you even need one. You cannot retain and use an expert in just any old situation. Instead, they are usually only allowed when it is determined there is a situation that is complex and beyond the purview of most lay people.
In such a situation, the courts have ruled it is advisable to bring in a professional from the field in question. This person must be determined to be an expert based upon things such as education history, membership in groups and associations, history of work in the field and so on. The parties in a lawsuit will often attack these areas of the opposing witness, so it is vital to make sure your expert has the background to support the designation.
Once a person is determined to be an expert winess, they are tasked with reviewing the available evidence in the case. Based upon this review, they then issue their opinions regarding the matters at hand. These opinions are first presented at a deposition during the discovery phase of a case and subsequently at the actual trial should things move forward to that point.
At trial, the jury is going to hear from experts on the issues for each side of the dispute. They must then determine which expert is more convincing. This means you need to retain experts that are not only qualified to render an opinion, but one that can do it in a convincing manner. Doing so with visual aids and such is also recommended.
Importantly, an expert witness must form their opinion independently. They should not be parroting what an attorney tells them his or her view is. Most parties will actually hire an expert witness as a mere consultant first to find out what their opinion is before committing to them. This helps avoid unfortunate situations where your expert witness ends up agreeing with the opposing party!
Expert Witnesses in the US
What does it take to be an expert witness depends on what sort of trial it is and what state you are in. The qualifications necessary differ from state to state and sometimes from county to county. If you are looking to be an expert witness of any kind it is a good idea to check with your local and state qualifications. There are different things necessary for each specialty. The first thing you will need is a degree of some sort to become an expert witness. Also it is good to have knowledge of the case or the facts of the case.
If you want to find out the qualifications for your state or county you will need to speak with the prosecutor’s office and they should be able to tell you. Medical expert witnesses should have a medical degree of some sort in order to be a medical expert.