Expert testimony meaning8/11/2023 ![]() The admissibility of scientific evidence or expert witnesses at trial is an important issue. ![]() This is why it is important that an expert’s credibility supports an attorney’s current litigation needs. In turn, they can show they lack the expertise, experience, or background to testify. If an expert is allowed to testify by a judge, the opposition can question the witness. Research and publication are also generally necessary for recognition by one’s peers as being an expert.Īs the gatekeeper for the court, a judge can still accept any person as an expert. Almost every discipline has a terminal degree or requires years of training and experience to be considered a recognized expert. Thus, to be considered an expert in any field, there must be a significant level of training and experience. In conjunction with Rule 702, only experts who are “qualified…by knowledge, skill, experience, training, or education” can testify in a case. The majority of states follow the Daubert standard for expert witnesses. This includes California, Illinois, Minnesota, New Jersey, New York, Pennsylvania, and Washington Standards for Experts to Follow But some states still use a modified version of the Frye standard. In many states, scientific expert testimony is now subject to the Daubert standard exclusively. This includes also a presentation of contrary evidence while obtaining careful instruction on the burden of proof to a jury. Opposing counsel could put an expert through a vigorous cross-examination. The Daubert decision also observed that concerns over questionable evidence could be scrutinized.
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