Kinds of Expert Witnesses: Non-Testifying and Testifying Experts

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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Guidelines for Expert Witnesses in Court Proceedings

Before an expert witness can be admitted to court to make a testimony, he should be able to demonstrate his authority in his area of expertise. He must establish his expertise by his years of experience or practice in the field, and years of training and education to hone his knowledge base.

Legal Duties of an Expert Witness

Expert witnesses are required by the court to uphold certain standards when giving their testimony before the judge or jury. These standards can be summarized into the following legal duties.

1. Truthfulness

An expert must be truthful at all times. The court is relying on an expert's opinion to determine whether a certain piece of evidence can be admissible in court, or whether or not the plaintiff can be entitled to compensation.

2. Objectivity

An expert must be objective at all times. He must not favor any of the parties (defendant and plaintiff). He must answer all the questions asked of him without bias and subjectivity.

Guidelines for Expert Witnesses in Court Proceedings

The court takes the above-mentioned legal duties seriously. Many expert witness's testimonies were labeled inadmissible because the court doubted the expert's truthfulness and/or objectivity.

So if you are testifying in court as an expert witness in the next few days, here are some guidelines to heed for an effective testimony.

1. Make sure that your tone/voice is not argumentative.

Remember, you are summoned to help the court understand a technical concept. Let the lawyers take care of the arguments. Your job is to find a way to explain a difficult concept in the simplest possible manner.

2. Give your expert opinion and reasoning (or basis) for each in a detailed report.

Your opinion should be backed by facts, tests, or experiments that you did. All these should be clearly stated and detailed in a report. Also, you must not forget to attach relevant documents that can support your opinion.

3. Stay within your area of expertise.

There are some questions that may fall out of your area of expertise. Sometimes, these questions are tricky and might compromise your reputation or expertise. So if you are asked questions outside of your expertise, it's best not to answer them.

Above all, you should be honest. Answer all questions thrown at you, sticking to your line of expertise. After all, you are obligated to assist the court to come up with the best resolution for a dispute.

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