Expert Witness Testimonies are Crucial to a Case
In the courtroom, words fly between the defendant and the plaintiff. Both parties want to win their case, so they try to present arguments to prove their point. But words alone are not enough to determine whether or not the defendant is guilty of a crime being charged against him. To come up with a sound verdict, the court needs a sound evidence.
This is where expert witnesses come in.
Experts are hired by lawyers to provide useful information that either makes or breaks the case. They are individuals who are considered experts in their field because they spent many years honing their craft. They specialize in a particular domain or area of expertise, and they possess unquestionable knowledge about a particular topic.
With this, an expert's testimony is a crucial material to the case.
Are You a Non-Testifying or Testifying Expert Witness?
If you make a quick visit to expert witness directories, you'll find out that expert witnesses are classified according to their field of expertise. For instance, if you're looking for an expert to help you with your client's personal injury case, you will find a long list of experts under the "Accident and Injury" category.
But aside from field of expertise, experts are classified into two general types: non-testifying and testifying. What are the differences?
Testifying experts are those that are called to the witness stand to physically make a statement in court. These experts receive great stress due to the fact that everything about them is revealed, which includes their identity and other documents related to the case. In other words, the other party can get a hold of the expert witness's records and the documents he prepared for the trial. If the other party finds out a personal opinion noted on these documents, these notes can be used to their advantage.
To be a testifying expert, you must comply to the requirements of the Federal Rules of Evidence, particularly Rule 702. In a nutshell, before you can make an expert witness testimony in court, you must possess and be able to demonstrate a specialized set of technical and scientific knowledge.
Non-testifying experts, on the other hands, are experts don't have to go to court to make a statement. They are hired simply to evaluate the accuracy of a certain document or claim presented in court. For instance, a lawyer may hire a non-testifying medical professional to find out if a certain methodology done to a patient is done properly.
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